Libel and slander is the making of false statements about another person or business to someone else.
- Libel is a false and malicious statement about someone else, expressed in print. This statement can be made through writing, pictures, signs or other printed material.
- Slander is a false and malicious spoken statement about someone else.
Collectively, libel and slander are known as defamation.
Proving Libel or Slander
To prove either libel or slander, the statement must fulfill three requirements: - Communicated to someone else - a nonessential third party
- Harmful to the reputation of the person the statement refers to
- Malicious
Employment Situations Where Defamation Claims Arise: - Termination of Employment: Whether an employee resigns or is fired, the employer should avoid criticizing the former employee or discussing the decision to terminate an employee in the presence of other people.
- Job References: While employers can speak candidly about their former employees, an employer cannot be untruthful. The employer should not exaggerate the facts.
- Business Communications: An employer can be held responsible for an employee who unintentionally makes a false statement about another person or business. It is very important that business communications be factually accurate.
What Can an Employer do to Prevent a Libel or Slander Lawsuit?
As an employer, it is best to have established policies and procedures regarding termination, providing references and the scope of an employee's communications regarding the business in order to avoid defamation lawsuits.
Do I Need an Experienced Libel and Slander Attorney?
An attorney will help you with the often timely and difficult procedures involved in filing a libel or slander lawsuit. A lawyer will also help if your employer has treated you unfairly because you filed defamation charges against them. If you are an employer being sued by a former employee for libel or slander, you should speak to a lawyer immediately.
Vea esta página en español: Difamación y Calumnia o visita Abogados-Leyes.com para más información legal.
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