Legal Question in Legal Ethics in Illinois

Re: Defamation of character

You have a potential defamation action, and since it involves your employment, something known as defamation per se. Of course, whether you want to pursue it depends on the damages you may have suffered: did the prior boss' comments prevent you from getting hired? If you haven't suffered much in the way of actual damages, then you would only be awarded "nominal" damages (although a possibility exists for a punitive award) -- and the whole thing might not be worth it.

Also, under Illinois law (which I assume governs), there exists a qualified privilege for one employer to provide information about an employee to a prospective employer. The privilege protects against claims of negative comments about an employee; however, it does not protect an employer from lying about an employee, as you state happened.

Thus, while you may have a claim and, indeed, may win it, it might prove a hollow victory unless you can show some actual damages.

-- Kenneth J. Ashman; [email protected]; www.AshmanLawOffices.com

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