{"id":357773,"date":"2021-12-07T13:52:36","date_gmt":"2021-12-07T18:52:36","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/legal-help-and-resources\/can-i-sue-an-employer-for-damaging-my-reputation.html"},"modified":"2024-03-09T17:59:34","modified_gmt":"2024-03-09T22:59:34","slug":"can-i-sue-an-employer-for-damaging-my-reputation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/legal-help-and-resources\/can-i-sue-an-employer-for-damaging-my-reputation.html","title":{"rendered":"Can I Sue My Employer for Damaging My Reputation?"},"content":{"rendered":"\n
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Can I Sue My Employer for Damaging My Reputation?<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Yes, you can sue your employer for damaging your reputation if they make false, unprivileged statements that harm your standing, especially in professional contexts like job references or performance reviews. <\/p>\n\n <\/div>\n\n

This type of lawsuit is called defamation, and to succeed, you generally must prove the statement was false, caused harm, and wasn\u2019t protected by legal privilege. <\/p>\r\n

An employer is liable for knowingly or recklessly making false and defamatory statements about an employee that cause harm. Lawyers call this "defamation of character."<\/p>\r\n

This article focuses on two specific contexts: job references<\/a> and performance reviews<\/a>.<\/p>\r\n

If a former employer makes statements in a reference that they know are false, the employee can sue if they aren’t hired and can show that the false reference was the reason they didn’t get hired.<\/p>\r\n

Or, suppose an employer makes a false statement in a performance review that a co-worker with decision-making authority sees, and the employer knows that the statement is false. In that case, an employee can sue if they show they suffered economic harm.<\/p>\r\n

Employment defamation cases can be complex and vary by state. Consult an employment attorney<\/a> near you to evaluate your specific situation.<\/p>\r\n

What Is Defamation?<\/h2>\r\n

Let’s start with some general background; then, we will dive into the employment context. What is "defamation<\/a>"?<\/p>\r\n

Defamation is a legal claim based on false factual statements that damage a person’s reputation. There are two forms. If it’s in writing, it’s called libel. If it’s spoken, it’s called slander. If someone defames you and damages your reputation, you can sue them.<\/p>\r\n

Although state laws differ, you generally have to show the following to make a defamation case<\/a>:<\/p>\r\n