Legal Question in Employment Law in Massachusetts
Defamation of Character
When I was layed off I was told by my supervisor it was due to a the poor performance of the company and that the department had to trim back staff. There were never any verbal or written performance warnings given to me during the 10 years I worked there. Knowing that an employee
can still be terminated for any reason as long as it is not discriminatory I just shrugged it off and took my termination package. I have to sign a form stating I won't defame or sue the company in order to get my serverance.
Two days after my termination, a person I know who doesn't work for the company asked my supervisor's boss why I was let go. He said it was because I wasn't keeping up the newer technologies. (Which is false because I acquired certifications for new technologies during this year.)
My question is; Do I have any rights against the officer of the company that was speaking poorly about me to a non-employee of the company although I signed the form that said I wouldn't sue the company? For defamation of character, would it be a civil suit against the individual?
2 Answers from Attorneys
Re: Defamation of Character
You signed a release, and if it was broad and carefully drawn, any claims would be barred - known or unknown.
To be sure, have the release examined by an attorney.
Re: Defamation of Character
If the person who asked about why you left was from a potential employer present one set of facts. If just an inquiring fried, another.
You may have a cliam against the individual for slander/defamation but you would have to show you suffered damages as a result of the defamation, e.g. if you were not hired because supervisor told potential employer.
You should contact your former employer/personnel to insist that all inquiries about your performance be resonded to by them, giving the dates of your employment only. You should also ask them to instruct your supervisor not to discuss your termination with anyone.
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