defamation? proof? or what's the point

[dunno]

In terms of defamation 'in a reference' from a previous employer to the prospectives: What if a previous employer had lied in their reasons for termination and it was acknowledged by EED (to recieve unemployment benefits after an appeal) that it was a wrongful termination and this previous employer still lies about the termination 'in a reference'.
1. Would they even consider telling the details or still lie about the termination?
2. And if so would it be considered as defamation?
3. How would you prove what's been said?
4. Or is any of this worth worrying about?

 

[cbg]

First of all, a wrongful termination means that there is a specific law that was violated by the termination. The EED finding in the employee's favor does NOT make it a wrongful termination. The EED is not charged with, nor do they determine, the legality of the term; they ONLY determine whether or not the employee was terminated for a reason that would qualify them for benefits. The vast majority of people collecting benefits were NOT wrongfully terminated.

For a defamation claim against the employer to stand, the burden of proof is on you to show:

1. The employer provided information that it knew or should have known was false. Not that they held a different opinion than you; not that they were honestly mistaken; not that they misunderstood something; not that they jumped to a wrong conclusion; but that they KNEW that what was being said was false.

2.) They provided this false information to a third party, either KNOWING that it was false or alternately, they should have known that it was false and they provided it without verifying.

3.) As a DIRECT result of their providing this information to a third party, you suffered damages. The loss of a job, promotion, or raise would be damages; an impresssion that maybe people didn't think well of you is not.

 

[dunno]

Thank you much for your very well laid out informative response. Another question about defamation or maybe purgery which I know but just in case... Are any of these a basis for a wrongful termination claim (probably not considering an employer can fire you with the "at will" or)?