Can I be sued for putting on facebook "I've been laid off"

I would hazard a guess that announcing to the world that she has been made redundant is not any sort of offence - in fact, it is a fact.

edit: however if her friends and colleagues are causing trouble because of what she wrote ... then maybe incitement?

 

So what, they make someone redundant and then sue them for talking about it? Sounds like a fabulous company to work for, where do I apply?

 

Surely if they have been made redundant then the contract with the company no longer applies or do you have to carry your confidentiality clause to the grave with you?
Anyone remember the "sanity clause" from the Marx Brothers?

 

"There ain't no sanity clause"

With some contracts the confidentiality clause extends for a certain period after you leave the company to prevent you taking their latest and greatest product straight to a rival but I doubt that would extend to saying you've been layed off.

Moriquendi

 

my last contract had a confidentiality act built in and was valid for 12 months after i left the company.

 

In any event, would a contract really go as far as to state that you're not allowed to tell anyone you've been fired? That just seems absurd, not to mention unfair.

 

I've not been able to find anything on confidentiality agreements as such, however a quick digging through some old uni notes of mine has provided me with something:

In an case back in 1907, which has set legal precedent for the last 100 years, namely General Billposting Co Ltd v Atkinson [1909] AC 118 HL and 1908-1910 All ER 619, it was held that:

In layman's terms, if your employer breaks your contract and you accept it, you're not bound by any restraint of trade (restrictions on working for competition in a certain area for a certain time). However, any restraint in a contract is void if the information is valuable in the public interest. So, as an example, if you were an old BFG employee who let slip that they would stop warranty services soon, it's in the public interest to know about that. And so on. It's a point that's not really been considered by the courts.

I've not been able to find anything with regards to the current situation exactly, but I think it's safe to say there shouldn't be any issue about someone telling his friends that he's been laid off. I'd speak to the Citizen's Advice Bureau, naturally, and see what they have to say about the situation. In the mean-time, try and get the request from the old employers in writing, detailing exactly what rights they think they have to demand this (ie what has been breached etc). Get everything you can, because it's all powerful knowledge.

 

Not quite true.

Libel and slander are two forms of defamation, and depending on the legal system you are under, the rules vary. Truth is almost always useful as part of a defence, but in some states, it is not enough. If you are seeking to defame someone, you can often do it merely by telling the truth. So you must also prove that you weren't doing it to blacken the character of the litigant... Bizarre but true.

Public interest is often another get-out-of-jail-free card, but it is somewhat more subjective.

In terms of contract clauses, you could try to put the mufflers on someone, but again, in many legal systems, there are "unfair terms" protections which might apply in this case. However, redundancy (in the UK at least) is the enforced ending of a contract, so you can't even begin to insist on such clauses. If you agree to resign for a particular pay off, then the situation could be different - but not for redundancy.

In this case, it would be extraordinary for the company to succeed in any sort of defamation or contractual breach case...However, even if we imagine a world where they did have a case - they couldn't chase it anyway... The adverse publicity surrounding the case would do far more damage than the original statement - and ironically this in turn might be a defense against the original charge. "How can I defame them when they are parading this case through the courts?". They might try an injunction to get the status changed on facebook, I suppose, but it is still suicidal.

So basically, however you look at, this company are talking out of their buttocks...

 

A company can sue you because you tell people you got laid off? WTF

 

I can sue you for this post... doesn't mean I have a case or any chance of success.

 

That company needs a new legal deparment.

 

I guess it like most things, how much time and money do you have.

The right fair legal thing doesn't always happen.

Cheers
Mark

 

Anyone else noticed how dead the Serious sub-forum has been lately? I left this thread alone for a week and I can still see my posts. Bad times.

 

Partly my fault... I'm very busy both at home and at work, so I haven't been able to find as much time to propagate my ill-informed opinions and engage in pointless arguments with strangers. I'll try harder, I promise....

 

there are times when an implied contract has been agreed, ie, the company makes changes, you don't sign the new contract but, you then work within the bounds of the new contract, and don't contest the new contract.

it can be implied that you accepted the new contract even if you didnt sign it.

we (the uk) are becoming americanised where by people are sueing people left right and center over trivial matters, that would be better dealt with out of court.

 

"Well, you've been working for us up until now without complaining on Facebook about being laid off... what brought the change on?"

 

I sent a parcel from my local village post office and was disgusted to see a big sign installed asking us to text LEGAL to 60777 if we have had an accident ... I guess no place is free of it anymore

 

Deleted