intra-employer defamation

[Elvin J.]

Jurisdiction

Minnesota

I have very specialized expertise that is only used primarily by only 1 employer in my state. My supervisor lied about me in ways that damaged my reputation and ruined my chances for further employment in that employer. I have been told by other managers who wanted to hire me me that they can't hire me now simply because I was fired; they don't (necessarily) know about the lies but the effect is the same: I can't get a job there.

These lies were only told to other managers within the agency (primarily her supervisor; and they are on file in my termination letter). I understand employer privilege exceptions, but since these are lies that should not apply, right? My main question though is whether defamation within an employer (as opposed to defaming me to other employers) is even a possibility. That employer is really my only source of employment in my speciality field in my state, so this has been very damaging.

 

[ElleMD]

If only one employer in your state hires for what you do, and you were fired from there, they need not hire you back. If this is some other employer, your employer may share with them anything that is true or they believe to be true. If you were fired, they may share that as it is a true statement.

 

[Elvin J.]

I know they don't have to hire me back, but the question is about internal defamation. I can't prove any direct external defamation has occurred. But I had a long history and excellent reputation internally that has been ruined by lies. Practically all of my career opportunities are within the same employer.

I also have to defame myself when applying for other jobs. They ask why you were fired. "The truth" (what the employer said) is actually a lie. So in order for me to tell the truth I have to tell a lie. But I don't think this is likely to be a successful avenue to pursue legally.

 

[ElleMD]

Depends on the lies, who told them, if that person believed them to be true, and the effect those lies had directly on your reputation. Employers do have a wide degree of latitude in who they employ. They do not have to prove something is true the way a court does to be permitted to act. It would be impractical to force employers to be detectives and limit their ability to relieve someone of their duties only if they met the court standard for proof of wrongdoing.

If your job is keeper of a petting zoo, and your supervisor fires you because he doesn't believe you are good with animals or he believes you have been negligent in your duties, that is legal. If that supervisor sends out emails or calls other petting zoos to say that they should not hire you because you kick puppies and club baby seals for fun, and you never did those things nor is there any reason to believe you did, that might be actionable.

 

[Elvin J.]

My supervisor accused me of various greater and lesser lies about my behavior, and transmitted these lies to their supervisor (at least), and probably HR. I requested an investigation more than once and was denied. It would have been very easy to prove the lies were false, if an investigation had been done.

 

[ElleMD]

That is going to be nearly impossible to create a defamation claim. These would need to be pretty substantial lies, that were easily disproved and not that your supervisor was mistaken or characterized what happened differently than you would.