QUESTION
lost job, because former employer proved I had company information
Asked on Oct 21st, 2013 on Employment Contracts - New York
More details to this question:
I worked as a currency trader/account manager for two large corporations. The former company was threatened as i started to take clients but I never had a nonsolicitation agreement. They started to put pressure on employer stating I had stolen information. What I had was a client list, company name and emails which I gathered over 10 yrs to do my job as an account manager, I understand why I lost job as it was a breach of contract, buy do I have a case against my former employer for defamation of character? They will continue to come after me if I try to stay in the industry.
1 ANSWER
Did you former employer make any factual statement (not opinion) about you which was not true, and which caused you damage? From what you write above, you lost your job because your former employer told your new employer that you had taken and were using proprietary information belonging to your former employer. While it may be arguable whether the information was actually a trade secret, the statement does not appear to be factually untrue,and therefore is not actionable. However, if your former employer makes untrue and defamatory statements about you which cause you to suffer damages, for example, if it tells prospective employers that you were fired due to a cocaine problem and this lie prevents you from getting a job, you could have a valid claim for defamation (libel is written defamation, slander is oral defamation) as well as tortious interference with prospective business relations.
Answered on Oct 22nd, 2013 at 12:15 PM