Employee's Legal Right to Post Publicly About Wrongful Termination and the Consequences

Can an employee post evidence proving wrongful termination and shed light on the issue to others? This is a complex question given the legal landscape and company policies. In this article, we will explore the legal and practical ramifications of posting such information.

Understanding Wrongful Termination

Wrongful termination occurs when an employer terminates the employment of an employee despite valid reasons for retention, such as poor performance or misconduct. If an employee has suffered wrongful termination, they may seek legal action through various channels, including social media and forum posts. However, the consequences of such actions can be severe.

Legal Grounds for Posting Evidence

Posting evidence of wrongful termination publicly may be permissible under certain circumstances. For instance, if the employee has solid legal grounds to back their claims and the evidence is truthful, they may be within their rights to share such information. However, this is subject to specific legal protections and can lead to legal disputes.

Risks and Legal Consequences

Posting such evidence can still result in legal consequences, including the threat of defamation lawsuits. In the scenario described, the ex-employer accused the employee of defamation, slander, and libel, along with potential financial damages and reputation damage. The employee's strong stance in the face of such threats highlights the delicate balance between asserting one's rights and facing legal repercussions.

Case Study

The employee in question posted publicly about their wrongful termination on a trade website. They accused their ex-employer of serious misconduct and warned potential clients not to work with the company. In response, the company's lawyers demanded that the employee cease and desist within a short timeframe. The employee's response was a bold challenge to the legitimacy of the company's lawsuit, suggesting that the lawsuit would be a frivolous pursuit and that the company had pitted itself against a self-represented individual who had legal backing.

Litigation and Legal Action

The employee's legal stance has led to a prolonged court battle. The company has retained three lawyers over the past four years, with the employee winning every hearing without a law degree. This has resulted in significant expenses for the company, with thousands of dollars spent on legal fees. Furthermore, the judge has added more evidence to the company's case, with an additional hearing scheduled for two months later. This development places pressure on the company to resolve the matter.

Investigation and Accountability

The employee is now pursuing both the company and the Royal Canadian Mounted Police (RCMP) for failing to investigate the claims. The company has made no counter-claims against the employee, suggesting they are unprepared to defend themselves. The scenario highlights the risks of litigation and the importance of accountability in legal proceedings.

Conclusion

While an employee may have the right to post evidence of wrongful termination, the consequences of doing so can be severe. It is crucial to understand the legal implications and the potential risks involved. This case study demonstrates the complexities of such situations and the importance of legal representation and self-representation in navigating these issues.