Defamation of Character in the Workplace
There are two forms of personal injury that people can be exposed to. The first and most obvious is physical personal injury which results in one party inflicting physical harm on another, while the second personal injury form is non-physical and it harmful to an individuals´ reputation. This particular type of personal injury is called “defamation” or is oftentimes referred to as “defamation of character”
What is defamation?
Legal Dictionary
Main Entry: de·fa·ma·tion
Pronunciation: “de-f&-’mA-sh&n
Function: noun
1 : communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person —see also LIBEL, SLANDER New York Times Company v. Sullivan in the IMPORTANT CASES section —compare DISPARAGEMENT, FALSE LIGHT, SLANDER OF TITLE
2 : a defamatory communication defamation is a publication —W. L. Prosser and W. Pacific Reporter Keeton>Source (http://dictionary.reference.com/cite.html?qh=defamation&ia=mwlaw)
Defamation (of character) n. the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander. Public figures, including officeholders and candidates have to show that the defamation was made with malicious intent and was not just fair comment. Damages for slander may be limited to actual (special) damages unless there is malice. Some statements such as an accusation of having committed a crime, having a feared disease, or being unable to perform one’s occupation are called libel per se or slander and can more easily lead to large money awards in court and even punitive damage recovery by the person harmed. Most states provide for a demand for a printed retraction of defamation and only allow a lawsuit if there is no such admission of error.
Courtesy of Legal Dictionary (http://legal-dictionary.thefreedictionary.com/defamation)
Defamation of Character in the Workplace
When it comes to defamation of character in the workplace, it refers to the relationship between an employee and an employer and refers to an employer giving a bad reference to an employee in order to hinder their ability to find employment elsewhere after their employment has been terminated.
It is not always possible to end employment with companies on amicable terms and in the event that you find yourself in a position where you are subject to a less than favourable reference letter due to a dispute that ended your employment, it can be very difficult to address the issue and to be able to move forward with a bad reference in place. Future employees will undoubtedly be concerned when doing reference checking to find something that negative in your work history.
Defamation may occur both verbally or in writing and an employee has the right to confront their employer (present or past) if they feel that they are being defamed. Examples of deformation may include if your employer is accusing you of performing an illegal act or even as simple as questioning your honest, professionalism or sincerity in the work place.
What Action Can You Take?
While it is entirely possible to sue an employer or ex-employer if you find that their defamation is adversely affecting your career prospects, this can be very difficult. The first step is to clarify that it is in fact deformation through verbal or written commenting which is specifically aimed at causing injury to your career prospects. The verbal or written commenting needs to be addressed to a third party.
Although this type of conflict can be difficult to address it is important to know that both the employer and the employee have rights and seeking legal assistance to assess the validity of your case as well as 0ther possible solutions is vital.
If at all possible, both parties should consider resolving their issues through Alternative Dispute Resolution (ADR), but should these techniques fail to produce results, legal action may be required.
I found a great site that talks about this. I don’t have my own website, but added the URL to the site in the box above. I hope this provides another source if other readers are interested in the topic.
I was just reading another post on this exact story. Your post helped me clear up some questions that I had regarding this legal topic. The law is certainly complicated, so this really helps. Thanks for the simple and clear discussion of the issues at hand. Thanks!
I have a coworker (supervisor)who tried to have me charged with sexual harassment. She tried to say I harassed two male employees, this was proven to be a lie, but because nothing was ever written down, the supervisor was never punished. Fast forward to today, I still have to work with this person and now she is trying to start the same process all over again. I have heard from other employees that she is trying to target me again. I’ve tried going to the company, but they won’t help unless someone comes forward and writes a statement. I’m wondering if there is legal action I can take, I’m just sick of the bullying.
Angie, this is a very unfortunate situation and there are steps you can take. The first of which is to get a free consultation from a mediation expert who deals with workplace conflict and who understands the complications of working in an unhealthy and uncomfortable working environment. I have emailed you with details of a recommended mediation service who will be willing to help you with a free consultation.