What Is Defamation of Character in a Workplace?
Every employer should be familiar with what defamation in the workplace is to avoid potential legal troubles. Defamation, or defamation of character, occurs when one of a company’s representatives maliciously or negligently shares untruthful information about a coworker, superior, or subordinate with a third-party that does irreparable harm to the other person’s character, reputation or career. For instance, an accusation of defamation can occur after you’ve been contacted by someone doing a background check on one of your current or former employees.
Defamation law tries to balance competing interests. And although defamation laws differ by state, you generally must have caused an individual to suffer damage of some sort in order for the person to accuse you of defaming him or her. Written defamation is called “libel” and spoken defamation is called “slander”. If you believe you have been “defamed,” to prove it you usually have to show there’s been a statement that is all of the following: published, false, injurious, and unprivileged. The “statement” can be spoken, written, pictured, or even gestured. Because written statements last longer than verbal statements, most courts consider libel more harmful than slander. “Published” means that a third party heard or saw the statement and the statement has been made public through television, magazine, newspaper, radio, speeches, gossip, or loud conversation. A defamation statement must be false and injurious or else it isn’t considered damaging. Most opinions don’t count as defamation because they can’t be proved to be objectively false. Lastly, a defamatory statement must be “unprivileged”.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
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