In addition to protection’s afforded by federal and state 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.
Misrepresentations made to an employee relating to the financial stability of the company, the company’s future plan to relocate its operations and the employee’s position in the corporate ranks, all designed to induce the employee to accept employment with the company are not a normal part of an employment relationship and a civil action against such an employer by the employee may not be barred by the workers’ compensation bargain.
Workplace defamation may occur where an employer makes a written (libel) or verbal (slander) false statement about a worker to a third person, resulting in damage to the worker’s reputation. Where the employer did not act with malice (malicious intent), the employer may have a qualified privilege to make statements about an employee or former employee to interested parties including clients, other employees or prospective employers. Employees may overcome the privilege if an employer acts in bad faith or with malice or makes excessive or inappropriate publication without trying to determine whether the statements were true or not. An employers’ negative opinion about a worker’s job performance generally does not create a claim for defamation.
If you believe you are the victim of workplace torts such as fraudulent inducement and defamation, do not hesitate to contact the attorneys at Mashel Law, LLC.
Mashel Law located in Marlboro, New Jersey, is dedicated exclusively to protecting the rights of employees.