I quit my job a few months ago. I ran a division that was profitable, and making our goals as of the day I left. When I left, management took over and made some immediate changes against my suggestions. After a couple months, things started hitting the fan. I then found out that a Sr. Exec in the company has sent emails to some clients saying my division was grossly mismanaged, among other things, and mentioned my name as the person responsible. Things are pretty bad over there now - sr. people quitting etc... so I take it they are looking for some excuses. Does anyone know if this is considered Libel? I'm still in the same business sector and these kinds of accusations can have a serious impact on my personal reputation. I'd rather not post the exact email that was sent out. Thanks for any help you can provide. -EK
Dear EK When I asked a comparable libel question last July, there were some very helpful answers. The thread begins here: http://forums.degreeinfo.com/showthread.php?s=&postid=133130&highlight=libel#post133130
My first question is: can you prove that the downhill slide came about as a direct result of actions that occurred after your departure? Also: can you prove that your reputation has been impacted negatively as a result of the letter? You mention "...these kind of accusations can have a serious impact on my personal reputation". It would seem that "can have" and "did have" are different in a legal sense...but I'm not a lawyer - hopefully one on the forum will chime in. Cheers, Mark
Thank you for the link Dr. Bear. As far as proving anything - I can't prove anything yet - I just found out about the message and was wondering what I should do if anything. As a side note, I'm a significant shareholder in the company and on the Board. Thanks.
Your story, if true, is a prima facie case of defamation or libel. The only question is, as was mentioned in another post, what are your damages? If you lose a job or aren't offered a job or the like and it can be proven by a preponderance of the evifdence to have been proximately caused by the defamation, then you hjave a fine case; if your damages are just speculative, such as "Well, it hasn't happened yet, but if these emails and rumors keep circulating, it sure could hurt me", then you're out of luck--in most cases such as this, you need real, cognizable damages. As a practical matter, a well-written letter from an attorney threatening litigation upon the perpetrator and the corporation will get the job done quite well--particularly if it's also copied to the President, Board of Directors, CEO, legal, etc. Best to you!
