Defamation

Defamation happens when someone makes an intentionally false statement about another that causes harm or damages that other person’s reputation. When defamation is written or recorded, it is called libel. When the defamatory statement is verbal only, it is called slander.

What is Employment-Related Defamation of Character?

Employment defamation is a legal issue involving false statements about an employee (whether current or former) that harm that employee’s ability to maintain their current job or seek a new position. This issue most commonly comes up when a prospective employer tries to verify a candidate’s background by seeking a reference from the candidate’s current or former manager or employer.

If an employer or former employer lies about you in their job reference, and that statement hurts your chances of getting a job or damages your reputation, you may have a legal claim for defamation.

Another way employment defamation may occur is if an employer (or other person, like a coworker) makes defamatory statements in the workplace such that the employee either is fired by the company. Another situation is where the statements have created such a hostile work environment that the employee has no other choice but to resign. In these cases, the employee may consult an attorney to see if they can file a wrongful termination lawsuit.

How is Employment-Related Defamation Proven?

What are Some Examples of Defamation in the Workplace?

Are there any Exceptions or Defenses to Employment Defamation?

Truth is always a defense to defamation — if the statement in question is untrue, then the statement counts as defamation. However, if the statement is true (even if it puts the employee in a negative light), that would not be defamation. For example, if the employee was fired because they were caught stealing from the company, providing this information to a future employer would not be defamation, because it would be true.

An exception to employment defamation may involve circumstances where an employer provides a bad reference. Many states offer protection to employers who give bad references if those employers are acting in good faith. However, employers who intentionally provide false information (or act recklessly with regard to the truth) regarding former employees may find themselves involved in a defamation lawsuit.

Should I Hire a Lawyer if I Need Help with an Employment-Related Defamation Claim?

If you believe that you have been wrongfully terminated or lost a prospective job opportunity due to a slanderous or libelous statement, contact a personal injury lawyer or an employment lawyer. The right lawyer in your area can help you sort through the situation and determine the strength of the evidence for a defamation case.  

A lawyer can also draft the appropriate documents to file with the courts and help you navigate the legal system, getting you the best possible outcome under the circumstances of your case.

Last Modified: 2019-05-28 13:21:38