What makes a statement actionable
Defamation generally centers on a false statement of fact about you that reached someone else, and the further requirements depend on the setting. Opinions, such as a manager saying your work was poor, are usually not actionable on their own, while a specific false claim that you committed a crime or falsified records may be. Truth is a complete defense. Statements suggesting someone committed a serious crime or is unfit for their profession are treated more seriously in New York, sometimes without proof of a specific financial loss. In New York, being compelled to repeat the reason for your firing to a new employer generally does not create a claim against the old employer.
Privilege and the short deadline
Many workplace statements are protected by a qualified privilege, which covers communications among people with a shared interest, such as performance reviews, internal investigations, and reports to supervisors. That privilege can be lost if the speaker acted with malice or spread the statement beyond those who needed to know. Statements made in court or in certain official proceedings are typically protected even more strongly. New York's deadline for defamation claims is much shorter than for most civil claims, so waiting to see whether the damage fades can cost the claim. Suing a coworker over a good-faith complaint of harassment or discrimination can raise retaliation issues, which employers and employees both should consider.
What to bring
Write down, with your lawyer, exactly what was said, who said it, who heard it, and when, and keep any emails, messages, or documents where it appears. If a reference cost you an offer, note what the prospective employer told you. Keep your performance records, which can show whether the statement was false. In a first meeting we look at whether the statement was fact or opinion, whether a privilege applies, how much time remains, and whether the facts fit better as a discrimination or retaliation claim.
