Chicago Business Litigation Lawyer Blog
Nobody likes getting a bad job performance review, but can an employee who receives one and later loses her job bring a winnable claim for defamation? Probably not, according to a recent decision issued by the Illinois First District Appellate Court.
Sandra G. was employed by the American Association of Nurse Anesthetists (AANA) in an executive position. Upon hire, Sandra signed an offer letter stating her employment was “at will” and could be terminated at any time. About a year and a half later, she was informed the budgetary funding for her position had been eliminated, ending her employment with AANA.
In 2010, she brought a complaint against AANA and one of their executives alleging defamation per se, invasion of privacy, and intentional interference with business expectancy, as a result of a negative job performance evaluation that preceded her termination. Defamation per se, or “on its face,” arises from statements falsely asserting that someone is involved in unlawful activity or is deficient in her professional abilities. In all defamation cases, a plaintiff must prove the statements were uttered to a third party. Continue reading ›