You let someone go, or they walked out. Now they’re on Facebook, Google, Glassdoor, Seek reviews and their own Instagram telling anyone who’ll listen that you’re a bully, a thief, or running a “toxic” workplace. Some of it is twisted. Some of it is flat-out invented. And it’s showing up when customers Google your name.
This is one of the most common reputation problems Australian small business owners face, and one of the most fixable.
Why an ex-employee is different
An ex-employee has two things a random troll doesn’t: credibility and inside knowledge. Readers assume they know what they’re talking about. That makes the damage worse, and it makes the legal case stronger, because they are usually easy to identify and their statements are usually specific enough to be provably false.
What the law says
Under the Defamation Act 2005 (uniform across Australia), a statement is defamatory if it lowers your reputation in the eyes of ordinary people. “They don’t pay their staff”, “they steal from customers” and “the owner is a fraud” are textbook examples. Truth is a defence, but the person making the claim has to prove it’s substantially true. Opinion is only protected if it’s honestly held and based on stated facts.
Businesses with fewer than 10 employees can sue for defamation directly. Larger businesses can’t, but the owner or director usually can, because the posts are almost always about them personally.
On top of defamation, an ex-employee may be breaching confidentiality obligations in their contract, or the Fair Work Act 2009 if they’re disclosing information they obtained in their role. Injurious falsehood (deliberately false statements causing financial loss) is another option.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
The Cease and Desist letter
A Cease and Desist is a formal legal letter that tells them, in plain terms: stop, remove what you’ve posted, and don’t do it again, or face legal action. It should:
- List each post or review with dates and screenshots
- State why each one is false and defamatory
- Reference any contractual confidentiality or non-disparagement clauses
- Demand removal within a set period (7 to 14 days is common)
- Warn that a Concerns Notice and defamation proceedings will follow
Most ex-employees are venting, not litigating. A formal letter puts your position on record and gives them a clear chance to take the posts down.
Every day it stays up matters
One viral Facebook post can cost a local business thousands in cancelled bookings in a single weekend. Do not wait for it to “blow over”. It rarely does on its own.
What not to do
Don’t get into a public slanging match. Don’t contact their new employer. Don’t post about them. Every one of those makes your position worse and theirs better.
Claim Done drafts your Cease and Desist for $49. Done in about 5 minutes. You approve it before it is sent.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Cease & Desist drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Cease & Desist from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=cease-and-desist. Claim Done is not a law firm and does not give legal advice.
How much does a Cease & Desist cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Cease & Desist in Australia?
No. There is no legal requirement to use a solicitor to write or send a Cease & Desist; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Cease & Desist template doesn't?
It drafts the Cease & Desist from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.