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Home » Areas of Practice » Labor Laws

Defamation of Character

Defamation of character| Attorneys for Orlando, Tampa, Fort Myers, Jacksonville and Miami

Defamation, sometimes referred to as defamation of character, is when someone’s character or reputation is tarnished as a result of a fraudulent statement or action of another. Defamation can be broken down into two types: spoken, which is slander, and written, which is libel. In relation to the workplace, defamation normally causes harm to a current or former employee’s character, reputation, or career on the basis of a fellow employee’s false statement or act.

Employees frequently claim victim to workplace slander or libel after being fired by their employer or following a former employer’s negative response to a background check. Examples of behavior that can be confused with defamation include name-calling, trivial “water cooler” rumors, joking around, and sincere personal perspectives.

Defamation laws

Defamation laws, or slander and libel laws, differ depending on which state you’re in. However, in order to be classified as slander or libel, one employee must make a false accusation presumed to be factual about another employee to a third party that causes the victim a certain amount of damage. Examples of harm associated with the jobsite and general employment include persuading coworkers to avoid another employee or causing a former employee to be turned down for another job elsewhere.

Sometimes, there do not have to be any repercussions at all to constitute an act of defamation. In other words, if a false statement is so insulting that it cannot be misinterpreted, ensuing harm does not even need to occur for the victim to be defamed. In legal terms, these statements are referred to as “defamation per se.” Examples include phony claims of serious criminal mischief or sexual misconduct.

Many states have laws in place to protect employers who speak openly about former employees when called upon by another company for a background check. For the most part, if an employer only declares the facts related to an employee’s work history, it is not likely to be considered defamation according to state law. Speaking the truth is the finest method of defense an employer can have if they are sued by a former employee.

Plenty of states also offer employers immunity from being held liable for the disclosure of accurate information regarding job performance or any other reasons for termination of former employees. Therefore, if a manager tells the person conducting the background check that the former employee was terminated for inadequate job fulfillment, it is probably not defamation. This is especially true if the manager has witnesses or documents to prove it.

On the other hand, if the manager blatantly lies about having to fire the employee for theft, that is a fraudulent statement with malicious intent. This also qualifies it as a candidate for defamation. Terminating an employee as an act of vengeance is enough to qualify as defamation per se before that message is even relayed to a third party.

Since defamation laws can be so perplexing, if you find that you are unsure whether or not you are the victim of slander or libel, consult an attorney with a concentration on defamation litigation.