Defamation is an intentional false communication
that injures another person’s good name or reputation.
To amount to defamation, the communication must be
published or spoken.
Defamation law prohibits libel and slander. Libel
is when the employee is defamed in writing,
and slander is used for oral defamation.
The employee may press charges of defamation when
the ex-employer provides discriminatory job references
to prospective employers, which may cause harm to
the employee. In an employment setting, if the employee
is wrongfully accused of misconduct, sexual harassment,
dishonesty, negligence, etc., verbally or in writing,
the employee has a valid reason to file charges of
defamation against the employer or the accuser. In
case the employer does not investigate the defamatory
remark(s) fairly, both the employer and the accuser
are held accountable.
Defamatory statements are often made to outsiders,
about the employee’s job performance or problems
on the job. A third party is shown the employee’s
personnel file and performance evaluations, but the
file may have untrue derogatory comments or incorrect
evaluation records.
Most states recognize a valid defamation lawsuit
when false written or spoken words are communicated
to a third party and disparage a person of his trade,
office, or profession, and when the employer or ex-employer
negligently failed to check the accuracy of such information.
Exceptions
 |
If the employer
makes a mistake in providing a reference by looking
at the wrong file, and later corrects the mistake,
then the employee does not have the right to press
charges of defamation. |
|
If the employer shares their
opinion about the employee’s wrongful conduct
to another person; an opinion cannot amount to
defamation. |
|
If the employer disseminates
defamatory but true information about the employee. |
Employers are also entitled to “qualified privilege”
that allows them to make statements about their employees
regarding discipline, termination, and references
to prospective employers. However, it does not give
employers the right to knowingly make false statements
about employees or ex-employees.
The employee must have enough proof to prove that
a false statement was made. It is advisable to consult
a labor attorney to analyze the situation. However,
damages do not have to be proved in all instances.
The law treats certain statements as defamatory per
se; here the employee need not have to prove to win
a verdict.
Defamatory per se statements
|
Accusing a person
of serious misconduct in his/her profession. |
|
Imputing to a person the commission
of a criminal offense. |
|
Charging a person with dishonesty. |
|
Accusing a person of serious
sexual conduct. |
|
Stating that a person has a
loathsome or deadly disease. |
