• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Facebook defamation by terminated employee

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TaterSalad

Junior Member
Nebraska

I have a couple of questions about our current situation that I'm hoping someone can answer.

Scenario: Our company recently terminated an employee after he had a dispute with the owner. Since his termination, he has taken to our business Facebook page posting a negative review, created a false Facebook account to post a 2nd negative review, had his girlfriend post a negative review (or posted it on her account), and responded to another customer's legitimate positive review....ALL of these posts containing defamatory statements about our business and our employees. This leads me to the following questions:

1) I've been told to get in touch with the Nebraska Attorney General in order to have any hope of having these statements removed from our Facebook page. Is this my best course of action? I've reported the posts to Facebook, but I know they rarely take any action.

2) Our business has a Social Media Contract that all employees sign which outlines unacceptable use of social media while they are employed. Is there a way we could amend this contract going forward that might deter terminated employees from posting such statements on any of our business social media pages? I have a feeling that would probably be overstepping the free speech line, but I figure it's worth asking.
 


Silverplum

Senior Member
Nebraska

I have a couple of questions about our current situation that I'm hoping someone can answer.

Scenario: Our company recently terminated an employee after he had a dispute with the owner. Since his termination, he has taken to our business Facebook page posting a negative review, created a false Facebook account to post a 2nd negative review, had his girlfriend post a negative review (or posted it on her account), and responded to another customer's legitimate positive review....ALL of these posts containing defamatory statements about our business and our employees. This leads me to the following questions:

1) I've been told to get in touch with the Nebraska Attorney General in order to have any hope of having these statements removed from our Facebook page. Is this my best course of action? I've reported the posts to Facebook, but I know they rarely take any action.

2) Our business has a Social Media Contract that all employees sign which outlines unacceptable use of social media while they are employed. Is there a way we could amend this contract going forward that might deter terminated employees from posting such statements on any of our business social media pages? I have a feeling that would probably be overstepping the free speech line, but I figure it's worth asking.
Sue him, and file within your deadline: http://nebraskalegislature.gov/laws/statutes.php?statute=25-208

You'll need an attorney, so also request attorney fees in your lawsuit.
 

commentator

Senior Member
As far as putting it in your company policies, something about you can't be angry at us and try to take it out on us by saying negative things about our business on Facebook if you're terminated, no, you cannot make that sort of restriction and make it stick in any meaningful way. You have absolutely no control over your employees activities when they are not working for you. Once they're already fired, you have no further threat except that you will sue them.

I just strongly suspect that if you follow through by suing this former employee, you'll never have the problem come up again in your business. Lots of disgruntled employees want to do things like this and think it'd be a lovely idea. Employers who respond quickly and firmly are going to really get their attention and cause others to think before doing something like this.
 

quincy

Senior Member
Here is a link to Facebook on how to moderate your own Facebook page (editing and deleting content and banning visitors):
https://www.facebook.com/help/329858980428740/

That should take care of the negative review on your business page and possibly prevent the additional posting of negative reviews by the former employee. It is also possible, although not always advisable, to address the comments directly and refute any false claims made by the ex-employee. This, however, can lead to a "war of words" and you must be very careful not to defame the ex-employee in the process. It is often best to delete the problematic posts or leave them be with no comment.

For removal of the false Facebook page, you can file a complaint with Facebook. You can also contact directly the former employee and his girlfriend and request that they remove the false page and all defamatory statements. Posting derogatory comments is not illegal, though, so you should be sure the comments are, in fact, defamatory.

If a simple and direct and relatively "nice" letter does not work, you could have an attorney draft and send a cease and desist letter. The letter could advise the former employee that legal action is being considered and may be pursued if the false Facebook page is not removed and if defamatory comments are not deleted.

A defamation lawsuit should be the last thing to consider. They are not only expensive, they can cause more harm than good.

Silverplum provided you with a link to Nebraska's defamation law. Here is a link that outlines the elements of a defamation suit, all of which must be met if a suit has any chance of being successful. http://injury.findlaw.com/torts-and-personal-injuries/elements-of-libel-and-slander.html

Non-disparagement clauses in contracts will often say that an employee will not publicly criticize, ridicule, disparage or defame the company or its products, services, policies, directors, officers, shareholders or employees in any written or oral statement including emails, blog posts or website comments. They can be included in an employment contract but are often found as part of a severance package or settlement agreement. This type of clause is problematic for all sorts of reasons, not the least of which is that they are not being looked at favorably by the National Labor Relations Board, the US Equal Employment Opportunity Commission, or courts.

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top