Omar Bennett
Defamation, in the context of the workplace, typically involves an employer or coworker making false statements about a current or former employee, which subsequently harm their reputation, career prospects, or character. These false statements can be communicated orally, in writing, or through other means such as television, radio, or online communication tools. Such acts of defamation can have severe consequences for the affected individual, including lost promotions, personal stress, and missed career opportunities. In most cases, to prove defamation, individuals must demonstrate that the false statement resulted in tangible harm to their reputation or standing in the community. However, certain statements, such as those implying incompetence or accusing an individual of criminal activity, are considered inherently harmful and do not require proof of actual damages. It is important to note that defamation laws vary across different states, and individuals facing defamation in the workplace should seek legal advice from experienced employment attorneys to understand their specific rights and options for recourse.
| Characteristics | Values |
|---|---|
| Definition | Defamation is a false statement of fact that is made public and harms the subject’s reputation. Oral statements are called “slander” and written statements are called “libel.” |
| Libel | Libel is defamation in any fixed or tangible form, including writing, video, or online communication. |
| Slander | Slander must be spoken words. |
| Defamation by employer | Defamation occurs when an employer intentionally makes false statements about a current or past employee to harm the employee. |
| Defamation by employee | A defamation lawsuit by an employer against an employee may constitute unlawful retaliation if the employer brings the suit to retaliate against the employee for engaging in a protected activity, such as complaining about unlawful discrimination. |
| Defamation by coworker | Slanderous statements made by a coworker can lead to legal action. This includes false accusations of criminal activity, claims of having a contagious illness, or assertions of incompetence at work, all of which constitute slander. |
| Proof | The proof required to prove libel or slander depends on the individual claims. In some cases, the damage may be assumed or easier to prove, such as when the defamatory statements relate to an individual’s job competence or professional reputation. |
| Defenses | There are two types of privileges an employer may raise as a defense to defamation: absolute privilege and qualified privilege. |
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What You'll Learn
Libel vs. slander
Libel and slander are both types of defamation. Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. In the context of the workplace, defamation usually occurs when someone seeks to harm a current or former employee's reputation, career, or character by making a false statement (oral or written) about the employee.
Libel is a defamatory statement that is written. Written statements include digital statements. Oral statements are considered slander. Libel and slander have specific elements that must be proven to prevail in a civil suit, and they differ mostly in how the false information is communicated to others.
In California, the state law has very specific definitions of what constitutes defamation, using the terms “libel” (written) and “slander” (oral). California Civil Code Sections 45 through 47 define those terms. Illinois law has also evolved, and now treats libel and slander alike, with the same rules applying to a defamatory statement regardless of whether it is written or oral.
To prove a defamation claim, the plaintiff must prove that the defendant made an unprivileged statement to someone other than the plaintiff, and that the statement was negligently made. If the plaintiff is a public figure, then actual malice must be shown. The plaintiff must also prove actual damage arising out of the statement or that the statement was slanderous per se or libelous on its face. However, if the statement relates to an individual's job competence or professional reputation, the damage to the individual may be assumed.
There are a handful of legal defenses (or privileges) against liability for libel or slander. Truth is an absolute defense in a defamation case. If the defendant can show that the allegedly defaming statements are true, then the plaintiff is not entitled to judgment. Defamation cases only deal with statements of fact, not opinions.
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Proving defamation
Defamation in the workplace occurs when an employer or employee publishes a false statement that tends to harm the reputation of another person. Written defamation is called libel, and spoken defamation is called slander.
To prove defamation, the following elements must be present:
- False: The statement must be false. Witnesses can provide details to prove that it is indeed a false accusation.
- Publication: The statement must be communicated to a third party, such as a manager, co-worker, or potential future employer, who understands its defamatory meaning.
- Defamatory: Only false statements of fact are actionable for a defamation claim. Statements of opinion and true statements cannot be the basis of a defamation claim.
- Unprivileged: The statement must be unprivileged, meaning the communicator had no right to share the information with a third party. Employers have a qualified privilege to make statements about employees to other employers in certain situations, such as evaluations, appraisals, or references.
- Harm or Damage: The false statement must have caused direct and specific harm or damage to the plaintiff. This could include harm to their reputation, career prospects, or emotional distress. In some cases, the nature of the statement is so harmful that it is considered defamation per se, and the plaintiff does not need to prove actual damages.
It is important to note that proving defamation can be challenging, and seeking legal assistance from a skilled attorney is advisable. Evidence of defamation can include screenshots of false statements, witness testimonies, and recordings.
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Defamation lawsuits
Defamation occurs when a person makes an untrue statement about another individual, either verbally (slander) or in writing (libel), to a third party, and the statement causes the individual damage. In the context of the workplace, defamation usually occurs when someone tries to harm a current or former employee's reputation, career, or character by making a false statement about them.
In the United States, each state has its own defamation laws and statutes of limitations for filing defamation lawsuits, which typically range from one to three years from the date of the statement. Some states, like California, have very specific definitions of defamation, while others, like Maine, require that fault be demonstrated in defamation claims.
The outcome of defamation in the workplace can be devastating, but individuals who engage in libel or slander have legal defenses or privileges against liability. These include the right to sue for damages, which can be assumed in cases where defamatory statements relate to an individual's job competence or professional reputation. Additionally, a defamation lawsuit by an employer against an employee may be considered unlawful retaliation if it is in response to the employee engaging in a protected activity, such as reporting unlawful discrimination.
It is important to consult with an attorney to understand the specifics of your case and determine if, when, and where to file a defamation lawsuit. They can help you navigate the complexities of defamation laws and improve your chances of a successful outcome.
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Defamation defences
Defamation in the workplace can have serious repercussions, causing harm to an employee's professional and personal reputation and impacting their job opportunities. It is essential to understand what constitutes defamation and the available defences to protect oneself from its detrimental effects. Here are some key defences against defamation in the workplace:
Privilege: Privilege is a common defence raised by employers in cases of workplace defamation. It can be classified into two types:
- Absolute privilege: This defence absoles the employer from any liability, even if the statement made is false or made with ill will toward the employee. Statements made during official proceedings, such as lawsuits, arbitration, legally required background checks, or other governmental proceedings, fall under absolute privilege.
- Qualified privilege: This defence protects the employer if the statement is made without "malice" or ill intent toward the employee. Evaluations, appraisals, investigative reports, references, counselling, warnings, disciplinary letters, and similar communications are typically qualifiedly privileged.
- Consent: If an employee has consented to the publication of certain information, it can serve as a defence against defamation claims. For example, in disciplinary or grievance procedures, an employee may be deemed to have impliedly consented to the republication of defamatory statements about them.
- Truth: Truth is a valid defence against defamation. If the employer's statement is true, it cannot be considered defamatory, regardless of any harm caused.
- Opinion: Expressing an opinion, even if unfavourable, does not constitute defamation. Courts consider various factors to distinguish between assertions of fact and opinions, such as the use of phrases like "I felt" or "I think," the context of the statement, and the audience it was addressed to.
- Qualified Privilege: This defence has been successfully applied in court cases involving workplace defamation. It allows for statements to be made without fear of legal repercussions, even if they turn out to be false.
- Economic damages: While not necessarily a defence, individuals found guilty of workplace defamation may be liable for economic damages to compensate the victim for financial losses resulting from the defamation.
It is important to note that the laws and defences related to defamation may vary based on jurisdiction, and consulting with an experienced employment attorney is crucial to understanding your specific rights and options.
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Defamation by coworkers
Defamation in the workplace can have a devastating impact on an individual, affecting their professional reputation, career prospects, and personal well-being. It is essential to understand what constitutes defamation by coworkers and the legal options available for those affected.
To prove defamation by a coworker, several elements must be established. Firstly, the statement or conduct must be proven false. Secondly, it must be published or communicated to a third party. Additionally, the statement must be defamatory, meaning it is a statement of fact rather than an opinion. The intent to cause harm or actual harm caused by the statement must also be demonstrated. It is important to note that there are legal defences available for those accused of defamation, including privilege, consent, truth, and opinion.
If you believe you have been a victim of defamation by a coworker, it is crucial to seek legal advice from a defamation lawyer or employment attorney. They can guide you through the process of gathering evidence and building a strong case. In California, for example, individuals found guilty of defamation may be liable for "triple damages" under the California Labor Code, which aims to protect employees from blacklisting by former employers. However, it is important to act promptly, as there may be time limitations for initiating a workplace defamation lawsuit.
In summary, defamation by coworkers involves false and harmful statements or conduct that tarnish another employee's reputation and career prospects. Those affected have the right to seek legal recourse and compensation for any damages incurred. By understanding the legal definitions and seeking timely legal advice, individuals can protect themselves from the detrimental effects of defamation in the workplace.
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Frequently asked questions
Defamation is a false statement of fact that is made public and harms the subject’s reputation. There are two types of defamation: libel and slander.
Libel is written defamation, while slander is spoken. Libel can also include other fixed or tangible forms, such as video or online communication.
In the workplace, defamation usually occurs when an employer or coworker makes a false statement about a current or former employee to harm their reputation, career, or character.
Examples of slander in the workplace include false accusations of criminal activity, claims of having a contagious illness, or assertions of incompetence at work.
If you believe you have been defamed in the workplace, you should consult an employment attorney to discuss your legal options. You may be able to file a defamation lawsuit to stop the employer from continuing to spread falsehoods and recover damages for loss of reputation, emotional distress, and economic losses.
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