Legal Question in Employment Law in Washington

Re: Defamation of Character

Defamation requires a false statement, made with the knowledge that it is false or in reckless disregard whether it is true or false, made to a third party, which tends to diminish the standing of the subject (you) in the community or that impugns your trade or occupation, and you suffer damages as a result.

Some defamatory comments are either absolutely privileged, meaning you cannot sue about them (such as claims made in a lawsuit or complaints made to some government agencies), and others have a "qualified privilege," which means the comments are privileged if the privilege is not "abused." Am example would be a statement made to employees about the termination of another employee, but communicated too broadly or to too many employees that don't have an interest. Depending on the circumstances, that might cause loss of the qualified privilege.

Injury or damage can be presumed in some circumstances, but in others you must prove some real injury to reputation.

As you can see, defamation law can be complicated. If your former employer knew you did not use drugs and made the statement anyway, and the other elements can be proved, you may have a claim. Truth is always a defense, so often defamation cases can get dirty and mean.

Consult with an attorney experienced in defamation cases. The above does not constitute legal opinion and is offered for the purposes of general discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.