I recently reviewed my personnel work files and was horrified to read that some of the statements written by my supervisor were flat out wrong. Libel?
Written by FreeAdvice Staff
If the offending material reflected only opinions, it would not be
libelous. A statement such as "this employee is not ready for promotion" reflects the supervisor's opinion only. But if the material asserted and reflected facts, and they are wrong, the employer may be liable for
defamation. For example, if your personnel file contains a false statement that you are dishonest and not to be trusted with the keys to the cash register, the employer could be held liable for defamation. To win
damages, you would have to prove the statement, and any underlying support for it, is false.
If you believe you may be harmed by false, libelous statements made in your employment record, contact an experienced
libel and slander attorney in your area right away.
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