Alex What happens if you make an inaccurate statement to an employee?
Inaccurate statements of fact can also be used to deny an employee a raise or promotion. Either of these situations can open the door to a lawsuit for discrimination in some cases.
Can a company fire an employee based on an unproven accusation?
Employers who fire employees based on mere allegations (i.e., unproven claims) of misconduct, such as sexual harassment, are engaging in employment practices that can be extremely costly.
When does a company falsely accuse an employee?
Errors in performance evaluations happen, but when the company falsely accuses an employee of poor job performance and subsequently terminates him, that’s more than a simple error.
Can a company sue you for a performance review?
Courts generally recognize that employers need to be free to make subjective judgments about their employees. However, a performance review can open the company to a lawsuit for defamation of character or libel if it contains statements that could destroy an employee’s reputation.
Inaccurate statements of fact can also be used to deny an employee a raise or promotion. Either of these situations can open the door to a lawsuit for discrimination in some cases.
When does an employer publish a false statement?
Self-publication occurs when the employer makes a false statement directly to the employee, who is forced to repeat it to others. The employer knew or should have known that the statement was false. If the employer has good faith to believe that its statement was true, there is no defamation claim.
Can a employee make a false accusation against another employee?
Employees Making False Accusations The act of making a false accusation against another employee or employer is itself defamation. So, while many statements can be wounding, making sure you have credible evidence before making an accusation is essential.
What happens if you falsify an employee evaluation?
A falsified employee evaluation could potentially cost the company tens of thousands of dollars in court. The U.S. Equal Employment Opportunity Commission limits the punitive damages for discrimination based on the size of the company.