To successfully sue a brokerage firm or other former
employer in the securities industry in New Jersey
for defaming him or her on a Form U-5, a broker or other registered employee
must prove the usual elements of defamation, plus that the former employer
acted with malice.
Form U-5 (Uniform Termination...
So your employer called you incompetent. Or you disagree
with your write-up. You're hopping mad. It's a lie! You're ready to sue. Slander.
Libel. It has to be something you can sue for, right? Meh. Probably not.
Slander and libel are in the general category of defamation. Defamation is...
The NLRB continues to whittle away the ability of employers to manage the operations of their businesses. In the past two years, the NLRB and its Acting General Counsel have issued a slew of opinions and advisory memoranda in which they've proclaimed various workplace rules to be in violation of...
It's been a while since I've addressed social media policies and the National Labor Relations Act on this blog. Longer than Kim K's marriage to what's his name? Indeed. Methinks things at the National Labor Relations Board have been quiet lately. Maybe a little too quiet.
The NLRB continues to assault address employers' social media policies with a recent ruling that appears to protect defamation. Huh? The employer's policy prohibited online postings . . . "that damage the Company, defame any individual or damage any person's reputation, or violate the...
In theory at least, when a government agency defames an
individual, the defamation may be characterized as a violation of civil rights:
a deprivation of "liberty" without due process of law. The United
States Supreme Court, however, has held that an ordinary state-law defamation claim against...
Emmett Jafari sued the Greater Richmond Transit Company
for defamation and retaliation under the Fair Labor Standards
Act. Jafari was a Specialized Transportation Field Supervisor for a Virginia
company that transported clients enrolled in a state economic program. John
Rush, a GRTC driver, told...
If you work for the federal government and a co-worker
spreads false and malicious rumors about you that damage your reputation, it
will be very difficult to pursue a
claim for libel or slander against the individual in question. The recent
Maryland case of Shake v. Gividen [ an enhanced version...
I previously reported on the Stafford County case of
Suzanne Brown v. Katherine Schoeneman in which Brown, an FBI agent, brought a defamation
action against Schoeneman for allegedly false reports Schoeneman made to
superiors accusing Brown of making sexual advances toward her. The Government