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Can I Successfully Sue My Employer In The Securities Industry In New Jersey For Defaming Me On A Form U-5?

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...

My Employer Defamed Me!

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...

Sticks 'n Stones May Break Your Bones, But Workers Can Defame You

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...

NLRB's 1st social media ruling: Slams Costco policy; greenlights defamation

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. And then...

Lawffice Links - NLRB Social Media Ruling Protects Defamation?

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...

Government Defamation May Violate Civil Rights

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...

Absence of Malice Presumed in Employment Context

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...

FTCA Bars Defamation Claims Against Federal Government

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...

Federal Employees May Be Immune from Defamation Claims

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 removed...

Forced Apology and Admission of Inappropriate Conduct Held Not Defamatory

Defamation claims arise frequently in employment settings. Employees often disagree with their performance reviews and, if they feel particularly aggrieved, resort to the courts to extract a modicum of revenge. Unfortunately for them, statements relating to employee discipline and termination made by...

No Intra-Corporate Immunity Against Defamation Claims

Workplace defamation actions face a number of obstacles. The one that probably comes up the most is the issue of qualified privilege. Employees often claim that a manager or supervisor defamed them in the course of a termination or negative performance evaluation. These statements are usually protected...

It’s Not Illegal to Give a Negative Job Reference, But…

When you receive a phone call from a company looking for information on a former employee that was a less than stellar employee, or worse, fired, do you? (a) Ignore it. (b) Confirm only the fact of prior employment and dates. (c) Give a truthful, negative reference. Most employers do either “a”...