Why Might a Former Employer Sue Over an Employee's Review

Sometimes, the unfortunate reality of employment involves a former employer taking legal action against an ex-employee for their review of the company. This can happen for various reasons, ranging from legitimate concerns to petty behavior. Whether a business can prevail in such suits depends largely on the circumstances and the specific laws in place.

Legitimate Reasons for Legal Action

One of the more common reasons a former employer might sue over an employee's review is if the review reveals trade secrets or personal information about employees or owners. If the reviewed content breaches a non-disclosure agreement (NDA), the employer has a stronger case. NDAs can be very broad and cover a wide range of information, so an ex-employee could find themselves legally obligated to defend against such accusations.

Petty or Unfounded Claims

On the other hand, an employer might sue an ex-employee simply out of spite or pettiness, regardless of legal grounds. In such scenarios, the likelihood of success in court decreases significantly, as the motivations behind the suit often become apparent.

Legally Defensible Suits

There may be fewer blatant examples of lawsuits over employee reviews, but certain situations can create a more compelling legal argument. For example, an ex-employee who signed an NDA and violated it by sharing confidential information in a review could face severe consequences. The key factor in these cases is whether the review breaches the terms of the NDA.

Employer References vs. Employee Reviews

Similar to the issue of employee reviews, there are also implications for employer references. An employer must be careful when providing a reference. Stating simple facts without opinions is the best practice. Here are two examples:

Example A: Bad Reference Statement

Proper statement: Joe was terminated on XX/XX/XXXX because we have an enforced company policy regarding timely attendance which specifies that employees who are late more than once a month are to be terminated.

Improper statement: Joe was terminated because he was unreliable in his attendance causing other employees to have to perform his duties.

The first statement is factual and clear. The second statement, while not overtly defamatory, includes an opinion, which can be challenged in court. If an employee could prove that the unreliable claim was false and the review was based on personal beliefs, the employer could face legal action.

Example B: Bad Online Review

Legal statement: I didn’t like working here and was fired after turning in my two weeks' notice. I didn’t believe the reasons given and felt like I was terminated because I’m a young female who was leaving.

Defamatory statement: I hated this place. My boss Ryan constantly yelled at all the young female employees and when I objected to this, I was fired.

In the first example, the statement is a general opinion without specific facts. In the second example, the reviewer goes beyond an opinion and provides specific allegations that could be seen as defamatory if not backed by evidence. Legal action is more likely to succeed if the reviewer can prove the statements are false or injurious.

Conclusion and Professional Advice

While it's always best to avoid legal disputes, if you find yourself in a situation where you are being sued or threatened with a lawsuit over a review, the best course of action is to seek professional legal advice. Quora and other online forums are not suitable for legal consultation, as the answers offered may not be tailored to your specific circumstances and could be harmful.

By understanding the legal implications of both reviews and references, employees and employers can better navigate the fraught terrain of post-employment relations, ensuring that actions are taken in a manner that complies with legal standards and avoids unnecessary conflict.