Defamation (Libel and Slander)
An employer may be held liable for publishing a false statement about an employee, particularly a statement that causes harm to the employee in the work context, such as falsely accusing an employee of stealing from the employer. A defamation claim may be based on a written publication, which is known as libel, or on an oral publication, known as slander. For purposes of defamation law “publishing” simply means the employer must have communicated the statement to at least one third party; the statement need not have been made to the public or to even a few other people, just one other person. The statement made by the employer must be false, since truth is a defense to defamation. Although damages or harm must be proven by the employee in order to establish a defamation claim, damages are presumed to exist on their face when the statement made by the employer concerns an employee’s work reputation, such as statements about employees’ profession, trade, or business.
Examples of employer defamation may include:
- Publishing a false statement that an employee engaged in criminal conduct (such as stealing, theft, forgery, blackmail or embezzlement)
- Publishing a false statement that an employee lacks integrity or is dishonest
- Publishing a false statement that an employee is incompetent or exhibits reprehensible personal characteristics or behavior
An employer may also be held liable under the California Labor Code for a criminal misdemeanor and subject to treble damages in a civil action when the employer, by any misrepresentation, prevents or attempts to prevent a former employee from obtaining employment with a new employer.
Galante Law, Inc. can help assess whether you may have a defamation or other statutory claim against your employer for making false statements.
Please click here for the links to other Labor and Employment claims.
Free initial consultation. No attorney’s fees if no recovery.
Galante Law, Inc. offers employees a free initial consultation on labor and employment matters. Galante Law, Inc. represents employees on a contingency fee basis and does not take any attorney’s fees unless and until a settlement award or judgment is received. If there is no recovery or settlement the client is liable for costs only. Please contact us online or by telephone at 213-785-1900 to arrange a free consultation.