Can I be sued for defamation?

[auntnana21]

What is the name of your state (only U.S. law)? TN

I recently resigned from a job I love after 12 years due to my new supervisor of 1 year. It got to the point my hair was falling out I was so stressed by her. Anywho, I saw an employee of that company who asked me why I quit. I said that my supervisor was the most dishonest, unethical, and vile person I had ever met and I just couldn't stand working with her anymore. This person said they completely understood as they had the same impression but told me I should never say that to anyone else or my supervisor could sue me for defamation. I don't really think that is true. The way I understand it she would have to prove for a fact that she is not the most dishonest, unethical and vile person I have ever met, which is quite impossible. Who is correct? It's not like I am going to go around expressing this to everyone I meet but it made me wonder so here I am, asking.

 

[Ladyback1]

What is the name of your state (only U.S. law)? TN

I recently resigned from a job I love after 12 years due to my new supervisor of 1 year. It got to the point my hair was falling out I was so stressed by her. Anywho, I saw an employee of that company who asked me why I quit. I said that my supervisor was the most dishonest, unethical, and vile person I had ever met and I just couldn't stand working with her anymore. This person said they completely understood as they had the same impression but told me I should never say that to anyone else or my supervisor could sue me for defamation. I don't really think that is true. The way I understand it she would have to prove for a fact that she is not the most dishonest, unethical and vile person I have ever met, which is quite impossible. Who is correct? It's not like I am going to go around expressing this to everyone I meet but it made me wonder so here I am, asking.

you would be better off just saying there was a personality conflict with the supervisor, and you felt it was best if you left. Take the high road, even when others do not.

 

[quincy]

What is the name of your state (only U.S. law)? TN

I recently resigned from a job I love after 12 years due to my new supervisor of 1 year. It got to the point my hair was falling out I was so stressed by her. Anywho, I saw an employee of that company who asked me why I quit. I said that my supervisor was the most dishonest, unethical, and vile person I had ever met and I just couldn't stand working with her anymore. This person said they completely understood as they had the same impression but told me I should never say that to anyone else or my supervisor could sue me for defamation. I don't really think that is true. The way I understand it she would have to prove for a fact that she is not the most dishonest, unethical and vile person I have ever met, which is quite impossible. Who is correct? It's not like I am going to go around expressing this to everyone I meet but it made me wonder so here I am, asking.

Yes, you can be sued for defamation. You told someone that your supervisor was dishonest, unethical and vile. You would need to prove she was dishonest and unethical ("vile" is an opinion) if you want to use truth as a defense to any defamation suit filed against you.

That said, if your supervisor has not experienced any economic harm from the statement you made then there is probably little likelihood that the supervisor would go to the expense of filing a suit against you, if the supervisor were ever to learn of your comment (which might also be unlikely).

I agree with the employee you spoke to, though. You should watch what you say. Reputations are valuable and you do not want to risk harming one with falsehoods.

 

[auntnana21]

You would need to prove she was dishonest and unethical ("vile" is an opinion) if you want to use truth as a defense to any defamation suit filed against you.

Oh that wouldn't be an issue since she was reprimanded formally, twice, for falsely accusing one employee of breaking into her office and falsely accusing another of not submitting a requested report. Both were proven to be false beyond any iota, thus the reprimands. That and the fact she lost the business she owned, her house, etc. for tax evasion (public record I've actually seen).

Like I said, it's not like I'm going around spreading this to everyone. Most everyone knows how she is and says I'm crazy for staying as long as I did. I just wasn't sure if it was actually defamation.

 

[cbg]

That would be your defense in the event of a lawsuit. It would not stop a suit from being filed, if the supervisor so chose.

 

[Ladyback1]

Oh that wouldn't be an issue since she was reprimanded formally, twice, for falsely accusing one employee of breaking into her office and falsely accusing another of not submitting a requested report. Both were proven to be false beyond any iota, thus the reprimands.

Like I said, it's not like I'm going around spreading this to everyone. Most everyone knows how she is and says I'm crazy for staying as long as I did. I just wasn't sure if it was actually defamation.

Well then, you just keep talking away!

Seriously? If you believe that 2 reprimands is going to stand up as proof she is the most unethical and dishonest person, you will probably be surprised should it ever come to court.

 

[quincy]

Oh that wouldn't be an issue since she was reprimanded formally, twice, for falsely accusing one employee of breaking into her office and falsely accusing another of not submitting a requested report. Both were proven to be false beyond any iota, thus the reprimands. That and the fact she lost the business she owned, her house, etc. for tax evasion (public record I've actually seen).

Like I said, it's not like I'm going around spreading this to everyone. Most everyone knows how she is and says I'm crazy for staying as long as I did. I just wasn't sure if it was actually defamation.

I agree with cbg. You can use whatever evidence you have to support your statements as truth and not fiction if you are sued over your statements, but this does not prevent a defamation lawsuit from being filed against you. Defending against a lawsuit can be costly which is why it is generally best to follow the old adage, "If you don't have anything nice to say, it is better to say nothing at all."

If served with a summons and complaint (which, again, sounds like it would be unlikely based on what you have presented here), I recommend you consult with an attorney in Tennessee.

 

[commentator]

I understand how you feel about this situation, there are a lot of awful people you might have to work for in our fair state. However, the chances of her being informed of what you said, and even threatening to sue you for libel or defamation of character are quite slim. But anyone can sue anyone for just about anything if they want to bad enough.

It sounds like she's got plenty of problems apart from what you might have to say about her, and you are not really in the position of giving her a character reference, and she's going to have a hard time showing that your comment caused her actual damage of some type. But technically, yes, she could sue you for libel or slander if she got word of what you were going around saying about her. Particularly if you live in a small town where she would be more likely to run into the same people you are talking to. Talking evil about her to another employee of the same company is pretty much asking for trouble. That same person could be in there talking to her tomorrow.

And just for your own sake, it's not a good idea to wax vitriolic when talking about a past employer or supervisor. I once worked for the meanest little lady in TN, I'll match her with anyone, but you know what? My curses and invective, and all the mental energy I burned up hating her (like all the hair you lost due to stress) did not matter one iota in the grand scheme of things. She has lived long and prospered in spite of my opinion, and really, I have too. And every time I told the sorry tales, and spoke bitterly about my experiences with her, I got re-slimed, by myself, got all that stress and tension back, got angry again.

Especially when you are looking for new jobs, and they ask you "Why did you leave your last job?" you need to be really really tactful. Because any bad stories you may tell about your past supervisor, regardless of how true they may be, might hurt your chances of being hired or cause your prospective new employer to think less of you.

 

[quincy]

If your supervisor decides to sue (unlikely), she would need to file a slander suit against you within 6 months from the date of the statement made to your coworker (libel, the written form of defamation, has a 1 year statute of limitations). Your supervisor would (probably) need to have your coworker as a "witness" to the slander, to support a suit, should the comments you made make their way back to your former supervisor and she experiences reputational harm as a result.

I am of the same mind as commentator (and, for that matter, with the others who have responded) and believe that you could come out looking worse than your supervisor if you continue to demean/defame your former supervisor to others. Negative comments made about former employers can make you a less attractive candidate when you are applying for or interviewing for a new job with a new employer. Commentator's advice to "be tactful" is excellent advice.