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Say a company stole intellectual property from an employee(accept this as fact pretend he understands the contracts he signed and that this was infact his IP) . This employee is now concerned since the intellectual property was brought to the company it seems as though they are developing it themselves and disregarding the employees pleas to not steal the intellectual property.

A lawsuit would most likely be lost as the company has a large amount of resources to either win the lawsuit or drag it out.

The employee decides to exercise his 1st amendment rights. He decides to comment on all LinkedIn post and Glassdoor reviews informing others of the companies bad practices. He registers a domain and begins to comment on all their posts saying CompanyXIntillectualPropertyTheft.com and CompanXLiars.com where he plans to detail all the companies misdoings in a factual way.

Is what the employee planning on doing wrong or in any way illegal?

  • A lot would depend on the jurisdiction. Truth is an absolute defence in the US against defamation claims, but not really anywhere else. In most other common law jurisdictions truth is a very good defence against defamation, but not absolute. Also if even what the employee is legal, there's still the possibility of the company going to court anyways. The employee is certainly going to be fired regardless and may find it hard to find new work given their betrayal of their previous employer. – Ross Ridge Feb 7 at 22:57
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Maybe

If the employee can prove (in court) that it’s true the company stole (illegally appropriated) the employee’s IP then they have a very good defence against a defamation suit.

However, if they can do that, why doesn’t the employee just bring suit?

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