Most of the cases against an employer will be because of the reason that they have defamed the employee, by making some baseless statements against the employee. Such issues make the employee liable to file a case against their employer and the legal claim will be known as defamation case.
Defamation – What is it
When a person makes a false statement about another person intentionally, then it is known as defamation, as it harms the reputation of another person. If the person makes a false written statement about another person, then it is called libel and if the person makes a verbal statement then it is known as slander.
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According to him, the defamation issue might arise when the relationship between the employer and the employee did not end well and yet the employee uses their former company name as the reference for the next job. Most of the time, the former employer of an employee claims that the reference is actually a false one and this statement might directly defame the employee and reduces or removes the chances of the employee getting any job in the future.
How can an Employee Prove the Defamation?
The best way of making the defamation case in favor of the employee is that the employee should successfully make the jury and judges believe that everything that is mentioned in the case file is true. Here are some other things that the employee should persuade the jury to win the case.
- If the employer makes a statement of their opinion about the fact, then the employee cannot use the statement as the base of the case of defamation. Even though the statement of opinion did hurt the employee, they cannot just proceed with the case only because of it.
- Employee self-published the statement that the employer made. Here, the employee will be forced to say the same statement in many places, when asked about why the employer fired them, especially in the next job interview.
- Most of the employers make false statement about their employees, even though they are well aware that the statement is not true. The damage might become worse if the employer starts spreading it and the employee becomes eligible go for defamation case against the employer.
According to the defamation removal law, the case against the employer will becomes stronger only if the employee approaches the case in a legal way. Legal way here actually means that the employee should first consult their employment lawyer and discuss with them about the case. If the lawyer agrees that the case is worth fighting for, then proceeding with legal steps will surely help the employee win the case.