Can i sue an former employee for slander if they signed a paper saying they would not slander my company

Asked about 1 year ago - Indianapolis, IN

All my employees sign a noncompete order along with a clause forbidding them from slandering, making false accusations,liberals or defaming my company or myself. I have recently had to terminate 2 employees who are now slandering me,harassing current and former employees, writing false reviews about us and trying to get customers to leave our company. What can I do. ? I live in Indiana.

Attorney answers (3)

  1. David Joseph Sokolowski

    Contributor Level 7

    2

    Lawyers agree

    Answered . A defamation tort claim, whether it's libel or slander, doesn't require any signed agreement to be valid. If their conduct meets the elements of defamation, then you can pursue it.

    The written contract could open other avenues of relief. For example, if they are revealing negative facts about your business that happen to be true. In that case, they would have an absolute defense to your defamation claim. But you could still have a breach of contract claim for not abiding by the no compete agreement.

    It's definitely worth seeing a lawyer to discuss the facts in more detail and determine your options.

    This answer is for informational purposes only, and it not intended to create an attorney-client relationship. I'... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Have a local lawyer investigate. You may have a tortious interference with business relations claim.

  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    2

    Lawyers agree

    Answered . if false statements of fact are being published about you and/or your company, which are causing you economic harm, then you may have a vaild basis for a defamation aciton against the former employees. You don't actually need that to be put into writing to be able to sue. However, the fact that you have a writing, may add an additional cause of action for "breach of contract". As Mr. Lassen has sharply pointed out, there is also a potential "tortious interference with business" claim. You need to consult with an attorney in a face to face meeting (preferable to posting sensitve information on a website such as Avvo which is open for all public to see ). Good luck.

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