Under what conditions can an employee file for defamation against an employer?

An employee can file for defamation against an employer when false statements damaging to their reputation have been made public. Defamation law in Canada protects individuals from false statements that harm their reputation. For a claim to be successful, the employee must prove that the statements in question were not only false but were also made known to a third party, which could lead to reputational harm.

In this context, public statements made by an employer that are untrue and portray the employee in a negative light could constitute defamation. The essence of defamation cases involves the protection of reputation; thus, proving that untrue statements were disseminated to others is essential for such a claim.

The other scenarios, such as not receiving a positive reference, not getting promoted, or receiving criticism about work performance, do not inherently involve false statements that damage reputation in a legal sense. The first option specifically aligns with the legal framework surrounding defamation, which focuses on falsehoods that have been made public and can seriously damage an individual's reputation.