Nursing Home Chain Must Pay Former Employee NIS 30,000 for Defamation

The Tender Loving Care nursing home chain has been ordered to pay NIS 30,000 to former employee Vicky Rosen for defamation. Judge Tomer Silora of the Regional Labor Court in Tel Aviv ruled that the chain defamed Rosen in letters sent to two human resources companies, falsely accusing her of systematic fraud and receiving "envelopes of cash" under the table. Rosen had sued for NIS 580,000, while the chain's initial claim against her was NIS 500,000.

Tender Loving Care operates seven nursing homes across Israel. Rosen began working for the chain in 2009 as an administrative manager at its largest facility in Savion. In 2012, the chain permitted her to also work as a blood donor technician for Maccabi Healthcare Services, with payments processed through the "Ma'agal Sheini" manpower company, a supplier to the chain. Rosen resigned in May 2015, with her employment ending a month later.

Following Rosen's initial lawsuit against the chain, filed two months after her resignation, attorney Dror Hayek, representing Tender Loving Care, sent letters to two other companies. These letters alleged that Rosen had committed "systematic fraud" and received "envelopes of cash." Judge Silora stated that it was highly questionable whether cash was indeed involved in the alleged incident. He further noted that the chain should have sought an explanation from Rosen rather than relying on the hearsay of its employees, whose accounts were allegedly taken by the chain's counsel.

The court found that the chain's intention in sending the letters was to harm Rosen and to establish grounds for a counterclaim. The judge emphasized that the letters were sent to external companies, thus not protected by defamation laws applicable to legal proceedings. "Granting the chain's approach would mean an 'open check' for defamation, contradicting both defamation laws and professional ethics for lawyers," the judge stated. The chain was also denied the defenses of "truth" and "good faith," as the statements were not truthful and not made in good faith.

Regarding the compensation amount, Judge Silora determined that Rosen did not prove she had difficulty finding work due to the letters, suggesting her employment struggles stemmed from the circumstances of her departure. He acknowledged the chain's improper conduct, especially towards a long-serving employee, based on rumors and circumstantial evidence. Tender Loving Care was also ordered to pay NIS 10,000 in legal expenses.