Legal Question in Employment Law in Washington

Does a disgruntled (Now former) employee have the right to threaten to make a huge "media" issue about an unsubstantiated allegation, with consequence?


Asked on 12/13/10, 11:56 pm

1 Answer from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Well, there are several things to think about here. The employee enjoys free speech rights, but there are some limits.

First, the employee cannot disclose trade secrets. You do not give specifics about the allegation (and it would probably not be appropriate to get too detailed in this forum), but I'm guessing a trade secret would not be involved. If one is, however, you have recourse against the employee is he or she discloses.

Second, if the employee puts statements in the media that are damaging to you, and you can show that the allegations are not true, you may have a defamation case against the employee.

Finally, its helpful to be aware that journalists are constantly being contacted by unhappy people who would like some journalist to expose the wrong that they believe has been done to them. I never guarantee the behavior of human beings, but if the former employee contacts a journalist offering to expose the wrongdoing of a former employer, unless he or she has some fairly persuasive evidence, I would be very surprised if the journalist even made a return call.

On the other hand, it is important to be aware that if the former employee can provide evidence supporting the allegations, whistle-blower protections may apply.

You may want to review the facts of your particular case with an attorney in a confidential situation where you can more closely explore the specifics of your case.

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Answered on 12/19/10, 12:43 pm


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