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How can I show that I was defamed?

Each state has its own defamation of character laws. Generally, though, if your employer is spreading lies about you that damage your career (e.g., by causing you to lose a future job), you might have a lawsuit for defamation.

Your case will be stronger (and you might recover "punitive damages") if you can show that your employer acted "maliciously". If someone heard your employer say something like "I'm going to say whatever I need to make sure she never works in this town again," you've probably got a much stronger case.

Facts, not opinions

You may sue for defamation only if your former employer made a statement of fact, not opinion. If he tells someone that you were "a lousy worker," that's just his opinion. But if your boss tells someone that you "stole money from the company," that is a specific fact statement that might allow you to sue for defamation.

What if the statement was true?

If the statement was true, you will lose your defamation of character lawsuit. So think carefully before you sue. If there is a trial, the employer might try to show that the statement was true - further damaging your reputation.

Job references and defamation

What if your former employer told lies to another company that asked for a job reference?

False statements of fact could give rise to a suit for defamation, particularly if these lies cause the new employer to refuse to hire you.

To avoid this problem, some employers have adopted a policy of giving out only your dates of employment.