WHAT IS DEFAMATION?
Defamation is a false statement of fact that damages a person's reputation.
WHEN CAN AN EMPLOYEE BRING A DEFAMATION CLAIM AGAINST AN EMPLOYER?
An employee can bring a claim for defamation against their employer for false statements an employer made that damages the employee’s reputation, causes emotional distress, results in loss of employment or makes getting another job more difficult. Actionable defamatory statements can occur prior to an employee's termination, at the time of termination, or after the termination.
EXAMPLES OF DEFAMATORY STATEMENTS
- Stating that an employee made a mistake that cost the employer money
- Accusing an employee of committing a crime, i.e. theft, embezzlement or forgery
- Remarks that an employee had been replaced with better personnel
- Referring to an employee as lacking integrity, being dishonest or incompetent
WHAT CAN YOU RECOVER IN A DEFAMATION CLAIM?
- Money compensation for the damage to of your reputation
- Compensation for shame, mortification and hurt feelings
- Wages or income that you lost as a result of the false statement
- Punitive damages to punish your employer for making the false statement
HOW LONG DO YOU HAVE TO BRING A DEFAMATION CLAIM?
Typically, you have only 1 year from the date when you discover that a defamatory statement was made to bring a claim for defamation.
Brock & Gonzales, LLP specializes in defamation claims. If you feel you have been subject to defamation, contact us to set up a free consultation.