Memphis Tennessee Employment Defamation Lawyer

It is an unfortunate truth that many times after you have left a job, the problems that caused you to have to leave are not left behind. Welcome to the world of employment defamation.

Defamation consists of statements, written (which makes it libel) or oral (which makes it slander), that are knowingly false or intentionally misleading that cause you to suffer an identifiable loss.

Typically, defamation occurs in the context of searching for a job. You have quit a job because you are being harassed or discriminated against, or because you just can't get along with your supervisor or co-workers. You are out searching for a different job and you list your former employer on your resume or application. When your prospective employer calls your former employer, instead of being told that you quit, or something equally generic, the prospective employer is told that you were an attendance problem and that you were about to be fired when you quit. Of course, these statements are all false, but they cause you to not get employed by the prospective employer. In this situation, you might have a claim for employment defamation.

Some key questions to ask are:

(1) Did your prospective employer rely upon this false information in denying you employment? If they did, then you can show what the law calls causation. That is, the defamatory conduct caused your damages.

(2) Did your former employer know that the statement made was false, or did the former employer act recklessly, with disregard for the truth of the statement?

If both of these questions are answered affirmatively, then you may have a claim against your former employer for employment defamation. However, bear in mind, that the employer also has what is known as a 'qualified privilege' when giving job references.

In short, whether you consult with me or with some other experienced labor and employment attorney, you should make sure that you protect your rights as an employee.

Attorney James Becker

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Becker Law Firm • 5100 Poplar Ave Ste 2606 • Memphis, TN 38137 • Phone: 901.881.6205
Becker Law Office of Memphis, Tennessee represents clients in the Metro Area and West Tennessee, including Cordova, Germantown, Collierville, Lakeland, Millington, Somerville, Covington, Paris, Nashville, Savannah, Jackson, Union City, Dyersburg, McKenzie and all communities of Shelby County, Fayette County and Tipton County.
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