The statement that an employee "seemed shifty" expresses an opinion, while the employee "stole from me" is a statement of fact.If a factual statement has two meanings, one innocent and one defamatory, courts can adopt the innocent meaning and reject the claim for workplace defamation.Slander refers to defamation when spoken, and libel means written defamation.The legal test for proving and defending libel and slander claims is the same as for defamation. The new clinical director stated that I was "overwhelmed with billing issues when the biller was gone and that I had to go get help from another employee because I 'could not' han... Is this I contract for the US Govt under a contract they have with my Science & Technology company employer.Public policy encourages a free flow of information among employers about potential employees, so the law carves an exception out of the law of workplace defamation for reference requests.If the employer knows that the employee did not steal but says so anyways, the employer probably loses the privilege.Questions and Answers (5,055) CAN I FILE A LAWSUIT AGAINST MY EMPLOYER FOR ALL THE VIOLATIONS AGAINST ME INCLUDING I was recently laid off from a white-collar technical position. My supv claimed that I failed to execute on a particular machine that I help monitor on my job. The client has been consistently lying about my responsiveness and performance in order to attempt ...Immediately after, my ex-boss sent a division-wide email (several-hundred recipients) announcing my layoff and adding his "opinion" that... This is not a case against my employer but against a third party where I execute my duties of employment. Myself and two other employees were accused of being part of a drug ring by other employees on a different shift.
A negative employment references can prevent an employee from getting a new job, for example, and would amount to defamation if false, but employers have a "qualified privilege," or a defense to defamation claims for employment references.I have had consistent challenges with one, where my female gender and younger age set me apart from the entire sales staff I deal with the...I am a teacher in Texas and recently received an email from a student's mother that I attempted to have her son removed from my classroom due to him being an African American.For example, saying that detectives are questioning an employee about a suspected theft could imply that the employee is a suspected thief, or a witness to a theft.
In that case, the court can conclude that the statement meant the employee was a witness and find that the statement is innocent.
An employer may avoid a finding of defamation if it exercised reasonable care when it made the false statement.