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Defamation

To be actionable, a defamatory statement must meet the following criteria:

  • Libel involves something that is written.
    • The writing leads to hatred, contempt, or ridicule,
    • Causes the person to be shunned or avoided;
    • Injures the person in their occupation.
  • Slander involves a spoken publication that:
    • Falsely accuses someone of committing a crime;
    • Implies the person has an “infectious, contagious, or loathsome” disease;
    • Injures the person in their professional life;
    • Suggests the person is unchaste or morally corrupt;
    • Causes actual damage to the person’s reputation.
Defamation in the Employment Context

In the workplace, defamation may occur in several ways:

  • Negative Performance Reviews: False claims of incompetence, lack of ethics, or poor performance.
  • Disciplinary Justifications: Using false accusations to justify discipline or termination.
  • Negative Job References: Providing false or misleading negative information to potential employers.
  • Compelled Self-Publication: Forcing an employee to disclose defamatory reasons for termination to prospective employers.
Important Considerations
  • Each publication or republication of the defamatory statement may be actionable if reasonably foreseeable – meaning, your claim may be farther-reaching than you think

Defamation claims must be filed within one year of discovering the defamatory statement.