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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19014
Experience:  Employment/Labor Law Litigation
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If someone made up lies about what's going on in there

Customer Question

If someone made up lies about what's going on in there family to an ex employer can the corporation get them for defamation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Let me make sure I understand the statement you are making at the parties here.

Person A, the former employee, made up false statements about things going on in his own Family and he told those lies to Company A, his ex-employer.

You are asking if Company A can sue Employee A for the false statements he made to them about his Family?

What damages would Company A allege?

Customer: replied 1 year ago.
I was just wondering if company A could since it didn't do damage to them or wasn't against them?
Expert:  Allen M., Esq. replied 1 year ago.

No, they can't sue for defamation. The only people that could sue for defamation would be the person's lied about.

Now, if the company gave something to the employee, like sick leave or some other benefit, that the employee was not entitled to and did so based on the false statements, the employer could attempt to sue for misrepresentation/fraud, but that is not defamation of character.

Customer: replied 1 year ago.
If you received a defamation letter in the mail and you had be gone from the corporation for two weeks. Would you have already received the letter?
Expert:  Allen M., Esq. replied 1 year ago.

I'm not sure I understand that statement or the question you are asking.

Can you try asking it in a different way?

Expert:  Allen M., Esq. replied 1 year ago.

I'm just going to assume that you are asking if your absence from the corporation changes the date which you would have received the letter, and I would say that it does not.

Customer: replied 1 year ago.
If your no longer with the corporation (it's been two weeks) if they were going to send a defamation letter would you have already received it?
Expert:  Allen M., Esq. replied 1 year ago.

Not necessarily, but again, they can't sue for you defamation and if they go to an attorney, they'd figure that out quickly,.

However, if they were going to send you some sort of letter complaining to you about how they feel wronged, it might or might not be there yet. Nothing in the law says they have to send it within two weeks.

Customer: replied 1 year ago.
Ok but by law they can not do anything? They can just send a letter saying how they feel wronged?
Customer: replied 1 year ago.
basically you shouldn't loose sleep.....
Expert:  Allen M., Esq. replied 1 year ago.

No, you are misstating what I have said.

By law, they can't sue you for defamation.

However, I also stated that if the lies enabled you to have some right or benefit from the employer that you were not entitled to (and you still really haven't given me any facts to go on here, so I'm just speaking blind) then the employer can attempt to retrieve whatever benefits you received based on the false statements.

If you gained nothing from the statements, then no you should not lose sleep over the matter.

Customer: replied 1 year ago.
Ok let me make sure I got this right the persons lied about could sue? The corporation wasn't lied about and didn't give anytime off that the employee wasn't entitled to.
Expert:  Allen M., Esq. replied 1 year ago.

Ok. If the employee gained nothing of value from the employer based on the false statements, then they can show no damages and so they can't sue for fraud or misrepresentation.

That would leave only the family members being able to sue based on defamation, but they too can only sue if they can prove actual harm from the statement, either financial or reputation.