I recently reviewed my personnel work files and was horrified to read that some of the statements written by my supervisor were flat out wrong. Do I have grounds for a defamation suit?
If the offending material reflected only opinions, it would not be libelous. A statement such as “this employee is not ready for promotion” reflects the supervisor’s opinion. But if the material reflected facts, and the facts are wrong, the employer may be liable for defamation. For example, if your personnel file contains a false statement that you are dishonest and not to be trusted with the keys to the cash register, the employer could be held liable for defamation.
