QUESTION

can i sue a previous employer

Asked on Aug 24th, 2013 on Civil Litigation - North Dakota
More details to this question:
a year ago my wife and I ran a small business in ND and were asked to leave after an argument with the owners. I found out tonight the staff have been telling everyone around town and the supply houses that my wife has been embezzling money from them. This is not true and now my wife can't find a job because everyone thinks we are thiefs. can I sue the staff and the owners
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your wife can sue those who made the false statements for slander and/or libel (depending on whether the false accusations were written or oral).  Whether she can successfully sue the owners of the business (I am assuming that the business is not a separate legal entity; if, for example, the business is incorporated, the corporation may be liable for the actions of its employees, but the individual shareholders of the corporation would not be, although they could be liable for their own actions if they participated in the defamation themselves)  is a more difficult issue.  Assuming they did not participate in the defamation themselves, by either spreading the lies or instructing their employees to do so, they could still possibly be found liable if the wrongful acts of the employees were done in the course and scope of their employment.  For example, if the employees defamed you in an attempt to gain a competitive edge for their employer, that would be in the scope of their employment, and the employer would likely be responsible.  If that same employee gossiped about your wife to his brother-in-law, having nothing to do with the business, the employer would probably not be liable.
Answered on Aug 26th, 2013 at 1:06 PM

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