Is there a case here?

[Taxing Matters]

Never did harass anyone, sexually, mentally or physically. Work is work. You do it professionally, politely and go home. I suspect the company was mismanaged & decided to let go of the staff that cost money (aka experienced and knowledgeable).

Well, if this was, as you implied, someone you know (thus not you) then you likely do not know for sure if the alleged harassment took place; you simply know what that other person told you happened. In any event, he or she will have to wait and see what kind of reference the employer gives out and how that affects his/her ability to get a job before any determination can be made whether the employer might be successfully sued for defamation.

 

[commentator]

I wouldn't count on seeing the day Wal-mart is sued for defamation over what information is released about a past employee. This is not some mom and pop small local operation that provides references personally. Their HR and all their policies are set so that they won't be challenged at a much higher level than this person's local facility. If this person was terminated in the manner described I suspect they've got a ton of good evidence and the person's chances of even being approved for unemployment, much less being able to sue the store for something meaningful will be very slight.

 

[quincy]

I wouldn't count on seeing the day Wal-mart is sued for defamation over what information is released about a past employee. This is not some mom and pop small local operation that provides references personally. Their HR and all their policies are set so that they won't be challenged at a much higher level than this person's local facility. If this person was terminated in the manner described I suspect they've got a ton of good evidence and the person's chances of even being approved for unemployment, much less being able to sue the store for something meaningful will be very slight.

I agree. Walmart is unlikely to make itself vulnerable to a defamation lawsuit by providing false information on an employee to prospective employers. Were it to do so, the one defamed would need to invest in a good skilled attorney to fight against Walmart's experienced attorneys. It would not be a cheap fight.

That said, Walmart HAS been successfully sued for defamation in the past. In fact, Walmart has been successfully sued for just about everything in the past.