This is a composite story drawn from patterns across many matters. It is not about any one client, employer, or case.
A company can threaten to sue you over an online review, but a threat is not the same as a case. If what you wrote is true, or is clearly your opinion, it is difficult to turn into a winning defamation claim, and a growing number of states have laws meant to stop lawsuits filed only to silence people. Before you panic and delete, it is worth knowing where you actually stand.
She had left the job months earlier, and she thought she was done with it. One evening she wrote three sentences on Google. Not a rant. Three measured, honest sentences about what it had been like to work there, the kind of thing she would have wanted to read before she took the job.
Eleven days later, a letter arrived.
Three Sentences and a Letterhead
It was on a law firm’s letterhead. It used the phrase “pursue legal action.” It demanded that she take the review down.
She read it standing in her kitchen at eleven at night, and her stomach dropped. She opened her laptop, found the review, and put the cursor over the delete button. A job review was not worth a lawsuit. It was not worth her sleep. It was not worth whatever this was about to become.
She almost clicked. Most people do.
The Letter Is Counting on Your Fear
Here is what a letter like that is built to do. Not to win a case. To make you delete before you ever find out whether there is a case at all.
Think about the timing. Eleven days, three sentences, and a lawyer already involved. No company spins up a legal threat that fast over something that is false and harmless. They move that fast when the truth is inconvenient and they would rather it disappear quietly than be tested.
Truth, Opinion, and the Laws That Push Back
Before you delete, a few things are worth knowing.
Truth is a defense. If what you wrote is accurate, it is very hard to turn into a winning defamation case. Opinion is protected, too. “The worst manager I ever had” is an opinion, not a fact anyone can disprove.
A growing number of states have anti-SLAPP laws, designed to shut down lawsuits filed only to silence people, sometimes with a path to recover fees from the party that brought them. Whether and how those protections apply depends on where you are and the specifics, so this is a place to get advice rather than assume.
And read your own paperwork. If you signed a severance agreement when you left, it may contain a non-disparagement clause you agreed to. That can change the picture, which is exactly why it is worth a careful look before you post, and before you take anything down in a panic.
You Are Allowed to Pause
The instinct to delete and apologize is the precise response the letter was designed to produce. You are allowed to do something else first. Keep a copy of the letter and the review. Do not respond on your own. Find out whether the threat has any teeth before you let it rewrite what actually happened to you.
Frequently Asked Questions
Can a company really sue me for an online review?
They can file a lawsuit, but a threat is not a case. True statements and genuine opinions are generally protected, and winning a defamation claim is difficult for an employer.
What is an anti-SLAPP law?
A law meant to quickly dispose of lawsuits brought mainly to silence speech, sometimes shifting fees to the filer. Coverage varies by state and situation.
What if I signed a severance agreement?
It may include a non-disparagement clause. Review it with an attorney before posting or deleting, because that can affect your options.
Should I just take the review down to be safe?
Not reflexively. Deleting out of fear is what the letter is counting on. Get advice on whether the threat is real first.
About the Author
Andrew Lacy, Jr. is the founder and managing attorney of The Lacy Employment Law Firm, where he represents employees in discrimination, retaliation, whistleblower, and wage matters across Philadelphia, Pittsburgh, and New Jersey. He is a graduate of Cornell Law School and served as a law clerk to the Honorable Cathy Bissoon of the United States District Court for the Western District of Pennsylvania. He began his career on the management-defense side at an international law firm, which means he has seen how these threats are written and when they are bluffing, experience he now puts to work for employees. Admitted in both Pennsylvania and New Jersey, he serves as President of the Eastern Pennsylvania Chapter of the National Employment Lawyers Association and has returned to Cornell Law School as a guest speaker. If a letter landed in your inbox over something you wrote, it is worth finding out whether it has teeth before you act on it.
Prior results do not guarantee a similar outcome. This article is a composite drawn from many matters, not any single client or case, and is general information, not legal advice.
