Legal Question in Civil Rights Law in Illinois

Defamation in unsolicited job reference

Two related questions: a colleague provided false information and damaging information to a potential employer that might have swayed the employer against me. This colleague was the wrong person to request such information from since he was also applying for the same job [the fact that we have had a strained relationship in the past would be unknown to the employer, but that the fellow also applied for same job makes him an interested party. I believe that the information was not solicited.]

The report, in form of an email, contains a number of errors of fact. I intend to sue this individual for defamation. What are my allowances under the law? Given that I cannot prove that the employer would have unquestionably hired me [though at least one member of the job committee informed me that I was one of two front-runners], can I still sue the defamer for damages amounting to expected salary? Are there lawyers here who handle such matters that I may speak to? I live in New York.

I have this report in my possession, and by a ruse have recently gotten the writer to admit in writing that he in fact wrote the report. Does the law compel me to produce the identity of my source? Failing this, will my case be negatively affected?


Asked on 11/16/01, 3:15 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Defamation in unsolicited job reference

In most states, there exists something called "defamation per se" in addition to the typical requirements of defamation. Defamation per se applies to a number of circumstances, most typically where one has made false negative comments about an persons work or ability to perform a job. It is not necessary to prove actual damages for defamation per se; rather, you are presumed to have been damage by the false statement. Nominal damages may be awarded on this grounds alone.

Depending upon the severity of intent of the defendant, punitive damages may be awarded in most states. Thus, it is possible to be awarded say, a dollar, compensatory damages for the defamation per se and considerably more than that as a punitive award.

This cause of action would not require you to prove that the negative statements caused the potential employer not to offer you a job.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

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Answered on 11/19/01, 5:35 pm


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