Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
1) Please send case examples where defamation has been sucessfully proven and awards achieved.
A: There are litterally hundreds of case law examples in the area of employer-employee defamantion. Most are resolved in favor of the employer, because the defamatory statements are made in connection with some legally privileged context, such as unemployment or workers compensation benefits. An excellent discussion of why these claims fail can be found in Exxon Mobil Corp. v. Hines, 252 S.W.3d 496 (Tex.App. Dist.14 02/26/2008).
Rather than load you up with a bunch of cites that will mean nothing to you until you read the decisions, I suggest that you purchase a subscription for a month at http://www.versuslaw.com/ for $13.95, and then search the state appellate court database using the search terms: "(defamation or libel or slander) w/10 employer".
You will be rewarded with hours of reading material.
2) If the defendent agreed not to defame an employee as a part of a written separtion agreement, and then does defame the former employee anyway , are their case law examples of successful lawsuits?
A: This sort of agreement is somewhat nonsensical, because it turns what would ordinarily be an intentional tort into a contractual agreement. And, since the plaintiff's contract rights would generally be less powerful than those provided by the common law (unless there were an attorney's fee clause), there would be little reason for anyone to ever make such a contract.
There are no case law examples of this scenario, as far as I'm aware.
3) Has the former employer committed fraud by signing such an agreement and then very quickly violating it?
A: No, unless there is separate evidence outside of the contract itself to support the claim that the employer never intended to honor the agreement before it was made. Otherwise, it's just a breach of contract.
Hope this helps.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).