Can My Ex-Employer Sue Me for a Negative Goodbye Email and Glassdoor Review?

I sent a goodbye email to my ex-employer two months after my resignation, expressing how negative my experience was with them and included a link to a Glassdoor review in the email. I sent it via my personal email ID on Teams mail (not to the whole office group).

Now, they are contacting me and threatening to file a lawsuit against me for defamation. Can they do so? If yes, what steps should I take?

P.S.: The content in the email was not abusive; I simply mentioned how things went poorly for me and that I didn't enjoy working with them, and I posted a Glassdoor review.

Your action is not advisable because you have invited a problem for yourself. You may have had a very unpleasant experience with your ex-employer, but many others have similar or worse experiences.

What has happened has happened; there is no point in analyzing it now. You should be prepared with all the evidence to support your statement, as your employer wants to sue you for defamation.

Do not pick up their call, or if you do, do not respond; instead, listen and record it.

Can they do so?

The answer is both yes and no, depending on the loss they anticipate.

What steps should you take?

You should collect all possible negative points about the employer—how they harass employees, how they violate laws and government rules—to challenge them in court. If you have sufficient proof, they may not dare to file a lawsuit against you for defamation because doing so could expose them, as the case may be covered in print and electronic media.

Have you received your full and final settlement?

Dear member,

India is a free and democratic country. The government allows criticism against its actions or decisions. Freedom of expression is a fundamental right. The Supreme Court has allowed criticism against its verdicts as well. Therefore, it is unclear which law gets violated if the administration of a private or public limited company is criticized. When someone from your ex-company called to inform you that they would like to send a legal notice, did you ask which act was violated?

The purpose of forums like glassdoor.com or mouthshut.com is to create a platform where employees, whether former or current, can express criticism. By reading the reviews, the company administration is expected to take corrective action. If the company administration thinks they can improve by gagging criticism, then they are living in a fool's paradise.

Treating the ex-employer as holier-than-thou is also flawed thinking. We are constantly told to talk positively about our past employers. However, positive thinking does not demand the suppression of our feelings. Rather than sticking to an artificially positive view, there is nothing wrong with taking an objective or rational view. Just recently, a senior member wrote in his post that when a woman avails of maternity leave, it is her moral duty to continue with her employment rather than quitting. After 70 years of independence, should the acceptance of moral superiority or condescension towards current or past employers continue?

Nevertheless, much depends on the verbatim of your review on Glassdoor as well. We need to know what you have written on Glassdoor. You may share a link to your post on Glassdoor without editing it. Unless the contents of the original message are read, it would not be possible to interpret it. When I checked Google, I found excellent advice given by Adv Simrat Singh in a similar case. You may click here to open the link and then scroll down to read her views.

Thanks,

Dinesh Divekar

Defamation and Legal Implications

According to Section 499 of the IPC, defamation is defined as an act of harming someone's reputation by making false statements. If your former employer believes that your email and Glassdoor review have damaged their reputation, they may consider it defamatory. However, for a statement to be considered defamatory, it must be proven false and made with malicious intent.

If you are confident that your statements were truthful and based on your personal experience, you may have a defense against defamation claims. It is advisable to consult with a legal professional to understand your rights and the best course of action.

Defamation and Legal Implications

According to Section 499 of the IPC, it does not constitute defamation if any true statement is made or published against any person or organization, provided it is made for the public good and you have enough evidence to support your claims. In this scenario, your statements act as an alert to candidates, making them aware of potential issues beforehand. Therefore, don't panic. If you need any assistance, you can contact us at taxblock.in.

Regards,
Adv. Shivam Kumar

Understanding Blackmail and Legal Rights

What do you constitute as blackmail? What do they need from you? These few things can help you analyze how you can approach the situation. Filing a lawsuit is within their right, but a court decision is an entirely different matter.

Regards,
Adv. Ravi Agarwal