Workplace Torts such as Fraudulent Inducement and Defamation
In addition to the protection afforded by a broad array of federal, state, and city employment discrimination laws, as well as contractual guarantees, workplace tort laws also protect employees against wrongs of another kind, such as fraudulent inducement and defamation.
If your employer made a misrepresentation to you regarding your employment, and your employer knew or intended to make such a misrepresentation at the time to materially influence your decision to accept or to continue employment, then you may have a claim of fraudulent inducement of employment if your employer’s misrepresentation thereafter caused you damage or harm in your employment.
In a number of states, courts have allowed discharged at-will employees to bring defamation suits claiming that an employer made or published false statements about a worker’s performance or record that injured the employee’s reputation, usually in the context of employee references to prospective employers. However, employers may have qualified privilege, in the absence of malice, to make statements about the former employee to interested parties, such as other employees, prospective employers, or clients. Employees may defeat such privilege if employers abuse it through bad faith, excessive or inappropriate publication, or actual malice.
If you are encountering any of these or other workplace tort issues, it is best that you contact an attorney for guidance. We will be pleased to meet with you to discuss your concerns. In an initial consultation that will be free of charge, we will be able to determine whether we believe we can help you and you will have the chance to decide whether you wish to invite us to do so.