An employer may avoid a finding of defamation if it exercised reasonable care when it made the false statement.
For example, an employer that informs an employee assistance program that a truck driver tested positive for heroin use is not liable for defamation if the positive test was false because the employee did not tell the drug testing lab that he was taking prescribed Vicodin.
The statement that an employee "seemed shifty" expresses an opinion, while the employee "stole from me" is a statement of fact.
If a factual statement has two meanings, one innocent and one defamatory, courts can adopt the innocent meaning and reject the claim for workplace defamation.
When the supervisor and Human Resource Director talk to each other about something that falls within the scope of their respective jobs, they are both speaking as the employer, and conversation amounts, in defamation law, to the employer talking to itself.
If the supervisor tells a co-worker who has no need to know that the employee did something horrible, then the co-worker is probably a third party, and the supervisor's statement is defamatory.
Questions and Answers (4,809) CAN I FILE A LAWSUIT AGAINST MY EMPLOYER FOR ALL THE VIOLATIONS AGAINST ME INCLUDING I was recently laid off from a white-collar technical position. My supv claimed that I failed to execute on a particular machine that I help monitor on my job. The client has been consistently lying about my responsiveness and performance in order to attempt ... The Charge was I deleted system logs to hide who delet...i am a self-employed truck driver.
Immediately after, my ex-boss sent a division-wide email (several-hundred recipients) announcing my layoff and adding his "opinion" that... This is not a case against my employer but against a third party where I execute my duties of employment. I was working in a company for more that 6 years and I quit my job, to much gossipy, now two co worker are telling the owner of the company that i was stealing from him. After a month I was fired after days of workplace retaliation from my employer for calling him out on serving food that could potentially poison customers. I worked for almost 15 years with the MA state gov. in todays troubling times it is becoming increasingly difficult to be successful in my industry.
The law assumes, however, that some statements cause harm to reputation, by the very nature of the statement.Slander refers to defamation when spoken, and libel means written defamation.The legal test for proving and defending libel and slander claims is the same as for defamation. The new clinical director stated that I was "overwhelmed with billing issues when the biller was gone and that I had to go get help from another employee because I 'could not' han... Is this I contract for the US Govt under a contract they have with my Science & Technology company employer.So, it would be unlikely that they would terminate him over something...i have just got my letter to sue from eeoc and i think i have several issues sexual discrimination to a male by male supervisor ie pinching pulling of arm hair, on job harassing phone calls while i am...first i was hired as an Adm. 3 months into the job I was in a meeting w/the pres, dir, and accountant.The pres, and the accountant both said if I was given the proper the training and help I wou...