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Litigation, Litigation

A former employee should be careful before posting disparaging comments about his former employer

Nov 6th, 2018

By Laurent Debrun

4 years after being hired, an employee resigned. Shortly thereafter, a transaction took place with the former employer pursuant to which she undertook, in consideration for a 12 week paid notice period, not to divulge confidential information and to refrain from making any disparaging comments about her former employer.

The employee then went on to post on the site RateMyEmployer.ca 3 posts which the employer found to be libelous and to contain confidential information. The court agreed that the posts were libelous and that they contained confidential information. It condemned the former employee to pay to her former employer $10,000 in moral damages and $1,000 in exemplary damages.

 

Digital Shape Technologies Inc. v. Walker, 2018 QCCS 4374 - http://canlii.ca/t/hvhzx

 

This publication is of a general nature, is as of the date indicated and is not intended to constitute an opinion or legal advice.  The facts and circumstances of your particular situation should be specifically identified and addressed before appropriate legal advice may be given.