Can You Sue Your Ex-Employer for Posting Bad Reviews on Glassdoor After You Are Fired?

Have you ever faced the discouraging situation of your ex-employer posting a negative review about you on Glassdoor after you were let go from your job? Wondering if you can seek legal action? The answer largely depends on the context and the laws applicable in your jurisdiction. Let's delve deeper into the matter and explore the legal landscape.

Understanding the Legal Context

The primary issue here is whether your ex-employer can be held liable for posting such a review. Under slander and libel laws, it is not as straightforward to sue an ex-employer.

Non-Disclosure Agreements

One of the key factors is whether the ex-employer violated a non-disclosure agreement (NDA) that was part of your employment contract. NDA clauses often protect the company's interests by stipulating that former employees cannot publicly criticize or damage the company's reputation. If your ex-employer breached this agreement, you might have grounds for a lawsuit.

Proof of False Statements

Another critical element to prove in such a legal dispute is that the statements made about you are false and defamatory. According to legal sources, to succeed in a defamation lawsuit, you must demonstrate the following elements:

The defendant made a false and defamatory statement concerning the plaintiff (you). The defendant made the defamatory statement to a third party knowing it was false or should have known it was false. The publisher acted at least negligently in publishing the communication.

If your ex-employer posted false information, they may indeed be liable. However, verifying the truthfulness of every claim made can be a challenging task and may require substantial evidence.

The Role of Employment Law

Employment law also plays a significant role in such scenarios. The laws protecting employees vary across jurisdictions. In the United States, for example, the Fair Labor Standards Act (FLSA) provides certain protections, but such laws do not necessarily cover cases of post-termination defamation on platforms like Glassdoor.

Strategic Considerations

Consideration of the intended impact of such a lawsuit is also important. If your primary goal is to intimidate the ex-employer rather than realistically win the case, filing a suit might still be an option. However, win or lose, the negative publicity might not be worth the legal costs and effort.

Conclusion

While the answer to whether you can sue your ex-employer for negative reviews on Glassdoor is nuanced and multifaceted, the likelihood of success largely depends on whether the ex-employer violated an NDA and whether you can prove the statements made were false and defamatory. Legal advice specific to your jurisdiction and the exact circumstances of your case is highly recommended.

If you believe you have a strong case, it is advisable to consult with an attorney who specializes in employment law. They can provide you with tailored advice and a better understanding of your rights and potential for success in such a lawsuit.