You ask if you have a claim against a former supervisor for defamation. The particular comment which concerned you was that you were "not a good fit" at two stores and that they did not ask you back. You indicate that you were damaged in that you lost your job, but you also say it is one of several reasons why you were fired, so it is unclear what the other reasons were. Defamation is defined as a false statement that causes a person to be exposed to ridicule or hatred or contempt, or that tends to injure the victim in his or her occupation. In order to be actionable, a defamatory statement also has to be "unprivileged." In a nutshell, an employer or supervisor is generally permitted to communicate information about an employee's job performance to others who have a valid need to know, as long as the information is based on "credible evidence," and is made "without malice." There is a statute of limitations of one year for defamation, meaning that if you were to file a claim against someone for defamation, you would have to do so within one year of the defamatory act. Most employment is "at will," meaning that either party can terminate the employment relationship for any reason (or for no reason) at any time, except that an employer may not impose a termination or other type of adverse employment action on an employee based on an illegal motive (such as discrimination.) You have evidence that your supervisor appears to have lied about whether the other store managers perceived you as a "good fit" and asked that you not return. Without having more facts, it may be debatable whether this statement would be considered defamatory. If you are certain that you spoke to the only persons that could have conveyed information to you former supervisor, the next thing to ask might be what your "damages" are, meaning monetary or other losses that can be attributed to the defamatory statement. Assuming you have a viable claim, there is a risk that a lawsuit could cost much more than any compensation you could reasonably expect to claim. But there are a lot of missing facts, and it is unclear whether you have a viable potential claim or not. In cases where an employee disagrees about a performance evaluation, it is always good to try to resolve the problem politely and objectively by presenting facts showing that the evaluation is not accurate.
Answered on Mar 01st, 2013 at 3:29 PM