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That depends on what the previous boss is saying.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.DEFAMATION
consists of four elements which are falsity; an unprivileged communication; fault on the part of the defendant; and damages.
TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIP which is another cause of action which may fit is made up of the following: 1. The existence of a valid contractual relationship or business expectancy; 2. That defendants had knowledge of that relationship; 3. An intentional interference inducing or causing a breach or termination of the relationship or expectancy; 4. That defendants interfered for an improper purpose or used improper means; and 5. Resultant damages.
So if the previous boss is stating flat out lies, this may be cause for defamation. If the previous boss is specifically interfering and scaring away customers, this may be enough for tortious interference with business relationship, for example.
One or both may be brought if the elements fit.
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