Defamation is a broad term to describe damage to a person’s reputation due to another’s false statement about that person. Defamation can be in the form of a written or recorded statement called libel or in verbal form called slander.
To prove defamation, the victim must show:
Employment defamation involves false statements about a current or former employee that harms the employee’s ability to maintain their current position or seek a new position. There are two main ways employment defamation occurs:
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There are different ways for an employee to suffer defamation in the workplace, as it’s not just about who says the defamatory statement but how it impacted the employee. Here are some examples:
Yes. Truth is always a defense to defamation. Thus, if an employee got caught stealing at their workplace and was fired as a result, this information can be provided to a future employer. An exception to employment defamation is when an employer provides a bad reference.
While no federal law exists protecting employers who give bad references, many states do by providing a privilege to employers acting in good faith. However, employers who act recklessly or intentionally provide false information about a former employee may be subjected to a defamation suit.
Yes. If you lost your job or a prospective job opportunity due to a slanderous or libelous statement, a local personal injury lawyer can help.
They can assist in an investigation and determine whether you have a viable case for defamation. A lawyer can also draft the documents necessary to file a lawsuit and represent you in court.
Last Modified: 06-18-2018 01:21 PM PDTLaw Library Disclaimer
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