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Sallymae · Mar 15, 2009, 01:07 PM

I serve as a member of a board of directors for a non profit corp. We discussed the actions of our only employee and when he found out about it he resigned and is threating to sue us for slander. The actions were witnessed and the discussions were totally between the board members only. Can't employers discuss actions of employees without the treat of this happening? I have always heard that Truth is the defense for Slander, but the money it is going to cost in legal fees is horrible.

Perito · Mar 15, 2009, 01:18 PM

As you stated, Truth is a defense for slander. It is legal for an employer to discuss the actions of an employee. However, anyone can sue at any time. They don't have a case. The real question is whether he'll find a lawyer to take his case, as if you're telling the whole story, he doesn't have a case.

JudyKayTee · Mar 15, 2009, 01:33 PM

Originally Posted by Perito

As you stated, Truth is a defense for slander. It is legal for an employer to discuss the actions of an employee. However, anyone can sue at any time. They don't have a case. The real question is whether or not he'll find a lawyer to take his case, as if you're telling the whole story, he doesn't have a case.

I absolutely disagree with you here - without more info it is impossible to tell if there is or is not a case. How did the employee find out what was said?

I also would take the position that if the TRUTH were told UNNECESSARILY and it caused the employee to be so uncomfortable that he/she resigned out of embarrassment or some other factor there is an action.

Here is what I wrote about defamation: Briefly - Generally in law libel refers to permanent/written statements and slander refers to non-permanent/spoken statements. Defamation (of character) covers both categories.

You must be damaged - and prove damages - in order to recover. The statements (either written or spoken) must be false but presented as though they were true and be beyond offensive, derogatory or insulting. Such statement must rise to a level which actually harms a person’s reputation. In general the person making the statement must either know it isn’t true or make the statement without attempting to verify if it is true.

The defense to defamation is that the information was not presented as the truth (which covers gossip), that the information was never secret (privileged) and was always public.