Defamation

Defamation Laws

Defamation laws are also called slander laws or libel laws. They fall under tort law.

Defamation laws or slander and libel laws vary by state. But, generally, to be slander or libel, someone must make a negative, false statement of fact about a person to a third party that causes harm.

Harm related to the workplace and employment includes causing coworkers not to associate with an employee or causing a former employee to lose a job opportunity.

However, harm doesn't have to actually occur if a false statement of fact is so defamatory in and of itself, that it can't be taken any other way.

In legalese, such statements are called defamation per se. Examples related to the workplace and employment are false accusations of serious criminal misbehavior or sexual misconduct.

Other laws that come into play, are those enacted by many states that allow employers to speak candidly about former employees during employment background checks, with immunity from defamation lawsuits.

Generally, if an employer responsibly tells only the verifiable, employment-related truth about a former employee within the confines of state law, these days it's not likely to be defamation. The truth is an employer's best defense in a defamation lawsuit.

For example, in many states, former employers are protected from liability for disclosing truthful information about job performance and reasons for termination. Consequently, if a supervisor truthfully tells a background-check agency that she fired the former employee in question for poor job performance, that's not likely to be defamation, especially if she has witnesses or documentation to verify it.

But, if the supervisor maliciously lies about firing the former employee for stealing from the company, that's an intentionally-harmful, false statement of fact that's likely to be defamation.

The malicious act of firing an employee under the guise of a false statement of fact (such as for retaliatory reasons) can be harmful enough to be defamation per se, before the false statement has been communicated to a third party.

But, again, defamation laws vary by state, as do court precedents. Consequently, it'll take investigation by a lawyer who specializes in the defamation laws of your state, to determine whether or not a statement or act warrants a defamation lawsuit worth pursuing.

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