This is a tricky one. More often than not, the situation is reversed and it’s the ex-employee concerned about being bad mouthed by the employer.
First choice: Settle things with ex directly and amicably. Get him on the phone and talk it out. Explain the harm he’s causing and seek a mutually satisfactory resolution. Based on your description, this relationship sounds pretty bad and reaching an amicable resolution is a long shot. But you should still try it if at all possible. AND KEEP PRECISE AND THOROUGH DOCUMENTATION OF THE DISCUSSION.
Second choice: Explore your legal options. Going to court is the nuclear option but if the amicable route doesn’t work out, you need to consider it. I can think of 2 potential legal grounds for suing the ex:
- Breach of contract: Does the ex have an anti-disparagement clause in his contract–or any other post-termination provisions that his conduct may be violating?
- Defamation: Does the ex’s bad mouthing rise to the level of defamation? Yes if: i. He’s making the statements publicly–which includes Facebook, blogs, internet; ii. The stuff he’s saying is untrue and made with intent to harm; and iii. The statements are causing harm. .
Of course, you’ll also need to talk to a lawyer–especially if you’re thinking about going the litigation route. Good luck and I hope this helps. Glenn
