Consult an employee rights attorney ASAP.
Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
These facts will not support a defamation claim.
In the first instance, your employee review has not been published to a third party -- a necessary prerequisite to establishing defamation. In the second place, employee reviews are inherently statements of opinion, even if not explicitly designated so. This fact will almost certainly prevent a finding of defamation. Finally, you cannot establish by admissible evidence that you have suffered any losses or damages as a consequence of the review. You were not fired, nor denied other employment because of it. No one has changed their previous good opinion of you because of the review. Sorry, but in this circumstance what you have is a strong difference of opinion with your former employer about your value to that employer. That's not a basis for sound defamation case. In almost all circumstances, the worth of the employee's services is the employer's call -- especially where as here there has been no aggressive use of the review.
Pursue your claim for worker's compensation benefits with the assistance of skilled counsel.
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