Workplace defamation is when false and damaging statements are made by a coworker, employer, or employee. It can cause serious damage to a person’s reputation or career and can be prosecuted. Defamation must meet several guidelines to be considered for a lawsuit, including being a statement of fact, made to a third party, and made maliciously. A cease and desist letter may be effective in stopping the problem before a lawsuit is necessary.
Workplace defamation refers to libelous or libelous statements made by a coworker, employer, or employee. In some cases, defamation in the workplace can cause serious damage to a person’s reputation or career and can be prosecuted. There are several criteria that must be met for a statement to be considered legally defamatory; Because defamation laws vary by state, it’s generally best to consult a local attorney to determine whether a defamation case is actionable.
In many cases, workplace defamation occurs when an employee leaves a company or is fired. When called for references, an angry former boss or co-worker may decide to make false and damaging claims about the person’s character or behavior in order to get revenge or teach them a lesson. Workplace defamation can also occur within a workplace, such as when a colleague deliberately makes an untruthful statement about another person in order to nullify their chances of getting a promotion. While defamation can be a common occurrence, legally actionable workplace defamation must meet several important guidelines to be considered for a lawsuit.
First, workplace defamation must be made as a statement of fact, not just an opinion. Opinions are subjective statements made without the benefit of a factual guarantee, such as “I think he’s a lazy person.” A factual statement leaves no room for subjectivity, such as “He was stealing money from the company every week.” Opinions are generally considered a protected form of speech, while statements intended to be factual must be backed up by real facts. Furthermore, the person accused of defamation must knowingly and maliciously lie, or can demonstrate gross negligence in assuming the truth of a statement of fact.
A common criterion for defamation in the workplace is that the statement must be made to a third party. The third party may be a supervisor, coworker, reference checker, or other person affiliated with the business or industry. Written defamatory statements, such as emails, letters and memos, are called workplace defamation. Oral statements, such as those made during a performance review, meeting, or personal conversation, are called workplace slander.
If a person discovers that they have been defamed, the first step may be to call a lawyer. While a defamation lawsuit is possible, it can be less expensive and just as effective to have an attorney write a cease and desist letter to the defamatory party. This letter lets the defamator know that legal action is on the table should they persist in making blatantly false allegations, and it may be enough to stop the problem. If the defamation continues, an attorney may be able to advise a client on how to proceed with a defamation lawsuit.
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