Saugerties, NY asked in Libel & Slander, Criminal Law and Employment Law for New York

Q: I was terminated and given a severance package. two of my former direct reports have gone to social media to harass me

What can I do regarding this?

2 Lawyer Answers
Daniel A. Johnston
Daniel A. Johnston
Answered
  • Criminal Law Lawyer
  • Garden City, NY
  • Licensed in New York

A: Depends on the contents of the severance agreement, what was specifically said in the social media comments and who they were shared with, and whether what they said was opinion or false facts. There could be a defamation claim here; depending on severance agreement, maybe breach of contract as well. This would need an individualized, fact specific analysis.

Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: If you have a properly worded severance agreement you might have a case, even if the disparaging information is true. Non disparagement clauses can cover even true statements. It all depends on the wording of the severance agreement and the facts surrounding the disparaging statements on social media.

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