I was with a company as sales manager for 14 years. A few years ago
the company was bought out, new boss etc. Due to bad economy etc, I
was let go due to downsizing as the reason. More than anything, it
was political. But I got a decent severance, all ended pretty fair,
so I moved on, and work in the same business with a different company,
but not as a direct competitor. I have even referred some business
back to my former employer. Over the past 2 years, I have heard a few
things thru the grape vine that my former boss has been badmouthing
me. The guy is a jerk, and I just sluffed it off. Recently, I was
told by a former customer who had asked my former boss what happened
to me, and my former boss went into a litanny of bad mouthing, citing
that I was terminated for things a I had never done,etc. The customer
was astonished at this, and called me about it.
My industry is a small industry, a lot of the same customers. If he
has been doing this, what else has he been saying. It has been over 2
years!

I expect I can do little legally, but I thought I'd throw this one out
there.

"Jeff" <ejrassociates@cox.net> wrote in message
news:ndp70016e75ke9if61q597s5apsf0rabor@4ax.com...
[after separation from company, he hears rumors that he's being slandered by
former boss] I expect I can do little legally, but I thought I'd throw this one out there.

What you claim is 'slander'. If you can demonstrate damages, you can sue for
those damages. You need to demonstrate actual damages such as the things
your former boss are saying have caused you to lose sales at the new job.
Just being made uncomfortable, or suspecting lost income isn't enough.

Slander is spoken defamation. If you can prove the former boss has said
these things, that they are false, and that saying them is a truly
reprehensible act, then you may have a cause of action without proving
damages. That is, if what is said will damage you in the community, you may
have a cause of action on that alone.

All this is really airy and not to your specifics because I don't have your
specifics. What I suggest is that you do a usual Web search on 'defamation'
and 'slander' and then fit your specifics into what you learn. Remember one
very important thing. For it to be defamation, the speaker must know it to
be false and say it anyway. Opinions, such as 'I think that guy a bad
salesman' usually won't meet the criteria of slander / defamation. They must
be spoken of as facts such as, 'that guy was such a bad salesman that he
cost this company millions'. Then to prove slander, you must demonstrate
that the company did not lose millions due to your employment and he knew or
should have known the truth.

-paul
ianal

[cc'd to previous poster; follow-ups in newsgroup suggested]

It seems "Jeff" wrote in misc.legal.moderated in article
<ndp70016e75ke9if61q597s5apsf0rabor@4ax.com>:Recently, I wastold by a former customer who had asked my former boss what happenedto me, and my former boss went into a litanny of bad mouthing, citingthat I was terminated for things a I had never done,etc.I expect I can do little legally, but I thought I'd throw this one outthere.

Actually, you _do_ have a legal remedy. If your ex-boss's statements
have been reported to you accurately, they're pretty clearly
slander. You are entitled to sue for the monetary value of the
damage to your reputation, in particular for any contracts you may
have lost because of this guy. (In some states, you can sue for
damage to your professional reputation even if you can't demonstrate
any financial loss. At common law, if memory serves, suggesting
professional incompetence is right up there with claiming a woman
isn't chaste or that someone has a loathsome disease.)

The bad news is that this is not a do-it-yourself project; you'll
need a lawyer. The good news is that you probably won't need to go
to trial, so it shouldn't be horribly expensive. Your lawyer will
probably send your old company a cease-and-desist letter, the top
brass will lean on your ex-boss, and problem solved. Your lawyer
will suggest the best course of action to you, and whether it's
advisable (or possible) to get a written recantation from your ex-
boss.

--
If you e-mail me from a fake address, your fingers will drop off.

I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com

It seems "Paul Cassel" wrote in misc.legal.moderated in article
<v1ia005ihfb6lj6sctr5sqt16olq585sb0@4ax.com>:For it to be defamation, the speaker must know it tobe false and say it anyway.

Not so.

To defame a public figure, you must either know it to be false or
have reckless disregard whether it is true or false. Obviously the
"public figure" rule exists as a reduction in the protection against
defamation. To defame a private person (like the OP), then, does not
require that you know the statements are false.

What I don't know (and would appreciate learning) is whether it
makes any difference whether you thought the false statements were
true.

--
If you e-mail me from a fake address, your fingers will drop off.

I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com

On Fri, 16 Jan 2004 09:26:52 -0500, Stan Brown <the_stan_brown@fastmail.fm>
wrote: It seems "Paul Cassel" wrote in misc.legal.moderated in article<v1ia005ihfb6lj6sctr5sqt16olq585sb0@4ax.com>:For it to be defamation, the speaker must know it tobe false and say it anyway. Not so. To defame a public figure, you must either know it to be false or have reckless disregard whether it is true or false. Obviously the "public figure" rule exists as a reduction in the protection against defamation. To defame a private person (like the OP), then, does not require that you know the statements are false.

At least some degree of fault is required. For defaming a public
figure, simple negligence will not suffice, but for defamation of
a private figure, the level of fault required is a matter of state
law. A state could require "malice" which is defined as you've
indicated above, but state law could allow recovery even for a
negligently spoken defaming statement.
What I don't know (and would appreciate learning) is whether it makes any difference whether you thought the false statements were true.

It might depending on state law.

Also there is some case law suggesting that an employer might have
qualified immunity with regards to statements made about an ex-employee
in certain circumstances. I think malice would be required to overcome
that immunity, but my memory is very fuzzy and I don't practice employment
law and in any event I don't know the law in the applicable state.

Isaac

SRecently, I wastold by a former customer who had asked my former boss what happenedto me, and my former boss went into a litanny of bad mouthing, citingthat I was terminated for things a I had never done,etc.
Bad mouthing a person after they have been terminated is called
"blacklisting" and at least in my state, is illegal. Basically,
a
former employer does not have the right to ruin your chances of
obtaining and retaining gainful employment elsewhere. I would
start
by filing a complaint with your local department of labor. They
will
investigate the allegations and your former employer may be
sanctioned
for it. From there, you can hire an attorney to sue for
damages.