Question: If a former employer made false claims about an employee to potential employers, and the employee discovers this years later, does the statute of limitations reset if the false claims continue to be made?

Answer: In a case where a former employer is allegedly making false claims about an employee, the former employee may consider requesting a copy of the personnel file to verify what information is documented. If the former employer continues to make claims that are proven to be false, the individual may be able to bring a claim for defmation if it can be shown that the statements are false, misleading, and have caused harm. However, without evidence demonstrating that these claims are false and have directly caused the harm claimed, a successful case may be challenging. The statute of limitations depends on jursidiction, but generally begins when the victim discovers the false claim. If the defamatory statements are ongoing, a victim may consider sending out a formalized cease and desist letter to the individual or business making the statements. If you'd like to book a call with an attorney to discuss your situation, or for help with a formalized cease and desist, contact Cape Law to see if services are offered in your jurisdiction.