Libel and Slander in the Workplace

Workplace libel and slander are forms of defamation involving false statements of fact that harm an employee’s or employer’s reputation. Libel is written, including statements in emails, social media posts, or personnel documents. Slander is spoken, including comments made in meetings, calls, or videos. To succeed in a claim, the plaintiff generally must prove the statement was false, caused reputational harm, and was made with at least negligence (or actual malice if the plaintiff is a public figure).

If you have a work-related libel or slander claim, speak with a lawyer sooner rather than later to avoid missing the timeframe for bringing a claim.

“Defamation claims have very specific time limitations compared to statutory discrimination claims,” says Beth Bertelson, an employment litigation lawyer in Minneapolis, Minnesota. “There are so many different types of workplace claims, and each carries its own distinct deadline.”

The Difference Between Libel and Slander

Defamation is damaging another party’s good reputation through a false statement of fact. There are two basic types of defamation: libel and slander. Libel is a false statement made in writing; slander is a false statement that is spoken.

Libel can occur in any written form, from an official news story to a social media post or internet comment. Similarly, slander can occur through any type of oral communication: spoken words, television segments, recordings, phone calls, online videos, or in-person statements.

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How To Prove Libel or Slander in Employment Situations

Proving libel or slander can be more challenging than many people realize. An unfair and unreasonable negative utterance, whether it is in written or verbal form, is not necessarily defamatory. The plaintiff must prove the following elements:

• The false statement was of fact rather than opinion
• The false statement was published or communicated to a third person
• The statement was unprivileged
• The business or person suffered legally cognizable harm as a consequence of the libel or slander, although some defamation per se claims do not require proof of actual financial loss

Generally speaking, plaintiffs in a defamation lawsuit must prove that the defendant was at least negligent in making the false statement. In civil lawsuits involving private persons, the plaintiff must prove the defendant’s fault by a preponderance of the evidence.

The burden of proof is higher in defamation cases involving public figures. According to the U.S. Supreme Court’s landmark First Amendment case, New York Times v. Sullivan, public figure plaintiffs must prove the defendant’s “actual malice” rather than negligence by clear and convincing evidence.

Defamation claims have very specific time limitations compared to statutory discrimination claims. There are so many different types of workplace claims, and each carries its own distinct deadline.

Libel and Slander in Employment Law

Libel and slander can be issues in the workplace, and they can occur in both directions. An employer may be the victim of libel or slander if a current or former worker makes a knowingly false statement that damages the reputation of the business or organization. Likewise, an employer who makes a false statement, written or oral, about a current or former employee can also be held liable.

Perhaps the most common example of an employment-related defamation claim is an employer making an alleged false statement about a former employee who is seeking a position with a third-party company. Employers can generally give their honest opinion about a former employee during a reference check, but a false statement may support a defamation claim if it is unprivileged or the employer abuses an applicable qualified privilege.

Find Legal Help

Workplace defamation claims are a unique area of law and should always be handled on a case-by-case basis, with careful attention to the specific facts at hand. In certain circumstances, filing a defamation lawsuit may be the best available option.

In other cases, there may be an opportunity to resolve the matter at a lower level. If you have questions about libel and/or slander and your legal rights, a law firm with an experienced employment lawyer may offer legal advice if you have a defamation case. They will help you determine the best course of action to protect your rights and interests.