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Defamation and small employer (fewer than 20 employees) Minnesota

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  • ElleMD
    replied
    No, the burden of proof is on you to prove that they did not believe it to be true. It might help if you share the situation as dealing in hypotheitcals is difficult.

    Example: If I believe my employee harassed someone, I can note it in their file. Even if that employee maintains their innocence or the investigation is inconclusive, if I still believe it to be true, it isn't slander or libel. If there was no report of any harassment and I had no reason to believe the employee engaged in any harassment and make it up because I don't like the person and they lose out on a job opportunity or suffer some other tangible damage as a result, then it is slander/libel.

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  • toomanyquestionsnow
    replied
    Defamation

    Thanks for your response. So, it is up to the employer to prove the truthfulness of his/her allegations? How are these things proven if it's just a "he said, she said" kind of arguement?

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  • ElleMD
    replied
    You are an employer is you have any employees at all. If someone (doesn't have to be an employer) knowingly fabricates false documents or information about you and shares it with someone else and you suffer some sort of damages as a result, then it would fall under slander/libel laws. One caveat- they must know it is false and share it anyway. If it is their opinion, something they heard from another party or they believe it to be true, it isn't actionable. Employer need not prove it is true as they are not courts of law.

    If you feel it is slander/libel, you need to consult a lawyer who specializes in such things.

    Leave a comment:


  • Defamation and small employer (fewer than 20 employees) Minnesota

    What rights do former employees have against an employer (with fewer than 20 employees) who fabricates and includes horrible horrible false and misleading allegations and includes them in the employee's personnel record? The employer shared the record with someone an independant contractor.

    A business which employs fewer than 20 employees is not considered an "employer" as defined in the MN statutes.
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