What is Workplace Defamation of Character?

False statements in the workplace can seriously damage your professional reputation and career. When someone makes untrue claims about you at work, you may have legal recourse through a defamation claim. At Minc Law, we’ve helped numerous professionals address workplace defamation effectively. This guide explains what workplace defamation is, how to recognize it, and what you can do if you’ve been defamed.

What is Workplace Defamation?

Defamation in the workplace occurs when someone makes a false statement about you that harms your reputation. Written defamation is called libel. Spoken defamation is called slander. In workplace settings, defamation can appear in performance reviews, emails, conversations with coworkers, or references to potential employers. The workplace context makes these statements particularly damaging because they directly affect your professional standing and career prospects.

How Do I Know If I’ve Been Defamed at Work?

You may have experienced workplace defamation if someone has made false statements about you to others that damage your professional reputation. This can happen through words or conduct. For example, if security escorts you from the building in front of colleagues, this might create a false impression that you committed misconduct. Similarly, if a manager tells other employees you were fired for stealing when you weren’t, this could constitute defamation. The key is that false information about you was communicated to others in a way that harms your reputation.

What Do I Need to Prove for a Workplace Defamation Claim?

To prove workplace defamation, you must establish all of these elements:

1. A false statement of fact was made about you
2. The statement was “published” (communicated to someone other than you)
3. The statement clearly referred to you
4. The person made the statement intentionally
5. The statement caused you actual harm

Each of these elements must be proven for your claim to succeed. The specific requirements may vary slightly depending on your state’s laws, so consulting with an attorney familiar with your local regulations is important.

Can Opinions Be Defamatory?

No. For a statement to be defamatory, it must be presented as a fact, not an opinion. If your boss says, “I think you’re not a team player,” that’s generally considered an opinion. However, if your boss tells others, “You stole company property,” that’s a statement of fact that could be defamatory if untrue. The distinction between fact and opinion can sometimes be blurry, especially in workplace evaluations where subjective assessments mix with factual claims about performance or conduct.

What Does “Publication” Mean in Defamation?

Publication simply means the false statement was shared with at least one person besides you. In workplace settings, this happens when a supervisor tells another manager false information about you, a coworker spreads false rumors to other employees, or your employer provides false information to a potential employer. The publication requirement is usually easily met in workplace settings because work environments naturally involve communication among multiple people. Even sharing false information with just one colleague can satisfy this element.

What Type of Harm Must I Prove?

You typically need to show the false statement damaged your reputation, causing actual harm like loss of job opportunities, damage to professional relationships, emotional distress, or financial losses. This might include being passed over for promotion, terminated, or experiencing difficulty finding new employment.

However, some statements are considered so harmful that damages are automatically presumed. These “per se” defamatory statements include false claims that you lack the ability or integrity to perform your job, you engaged in professional misconduct, or you committed a crime. In these cases, you may not need to provide specific evidence of harm because the law recognizes these statements as inherently damaging to one’s reputation.

Common Examples of Workplace Defamation

Workplace defamation can take many forms. Some common examples include:

False accusations of misconduct: When someone falsely claims you violated company policies, stole property, or engaged in harassment. These accusations can be particularly damaging because they suggest ethical failings or even criminal behavior.

Untrue performance claims: When a manager makes false statements about your work performance, such as claiming you missed deadlines that you actually met, failed to complete assigned tasks, or made errors that never occurred. These statements directly attack your professional competence.

Fabricated qualifications issues: When someone falsely states you lied about your education, credentials, or experience. This type of defamation questions your honesty and qualifications for your position.

Malicious reference checks: When a former employer provides false negative information to potential employers that prevents you from getting hired. This form of defamation can be especially harmful because it directly impacts your ability to secure new employment.

What Defenses Might My Employer Use?

Employers commonly use these defenses against defamation claims:

Truth: If the statement is substantially true, it’s not defamation, regardless of how harmful. Employers often defend claims by proving the accuracy of their statements about your performance or conduct.

Opinion: As noted above, opinions aren’t defamatory. Employers frequently argue that negative evaluations are subjective opinions rather than factual assertions.

Privilege: Some workplace communications have legal protection:

• Absolute privilege covers statements in judicial proceedings, legislative sessions, or official government investigations
• Qualified privilege protects good-faith statements made for legitimate business purposes, like performance reviews, internal investigations, or references

Consent: If you gave permission for the statement to be shared, you generally can’t claim defamation. This might apply when you authorize reference checks or agree to the publication of performance evaluations.

How to Document Workplace Defamation

Proper documentation is crucial if you believe you’ve been defamed:

Save written evidence: Keep copies of emails, memos, performance reviews, or other documents containing potentially defamatory statements. Forward work emails to a personal account (if not prohibited by company policy) or take screenshots to preserve this evidence.

Record verbal incidents: After hearing defamatory verbal statements, write down what was said, when and where it occurred, and who was present. This contemporaneous documentation can be invaluable in establishing what was said.

Track consequences: Document any professional or financial harm resulting from the defamation, such as lost opportunities, demotions, reduced compensation, or emotional distress requiring treatment. This evidence helps establish the damages element of your claim.

What Can I Do If I Think I’ve Been Defamed at Work?

1. Determine if the statement is a fact or opinion
2. Identify who received the false information
3. Document the defamatory statements and any resulting harm
4. Consider sending a letter requesting the statements stop
5. Consult with an employment attorney about your options

In some cases, you may file a complaint with your state labor department or pursue a lawsuit. Remember that defamation claims typically have a short statute of limitations, often just one year from when the statement was made.

Potential Remedies for Workplace Defamation

If you successfully prove defamation, several remedies may be available:

Financial compensation: You may receive damages for lost wages, reduced earning capacity, and emotional distress. In cases involving particularly malicious defamation, punitive damages might be awarded to punish the defamer.

Retraction: The court may order the defamer to issue a correction or retraction of the false statement. This can help restore your reputation, especially if the defamation was widely distributed.

Removal of content: If the defamation appears in written records, the court may order its removal from personnel files or other documents. This prevents the false information from causing ongoing harm.

Injunctive relief: In some cases, courts may issue orders preventing the defamer from making similar statements in the future. This can be particularly important if the defamation is ongoing.

When to Contact an Attorney

Workplace defamation cases can be complex. Consider consulting with an attorney if:

The defamation has caused significant harm to your career or reputation, such as termination, demotion, or difficulty finding new employment.

You’ve been terminated or denied employment based on false statements made by a current or former employer during reference checks.

The defamatory statements continue despite your requests to stop, indicating potential malice or reckless disregard for the truth.

You’re unsure whether the statements qualify as legally actionable defamation rather than protected opinions or privileged communications.

At Minc Law, we have deep experience in defamation cases and have successfully helped hundreds of professionals restore their reputations after workplace defamation. Our attorneys have the knowledge and proven track record needed to navigate these complex cases effectively.

Our team can help you evaluate your case, gather compelling evidence, and develop a strategic approach tailored to your specific situation. We understand the urgency of addressing defamation quickly before further damage occurs.

Contact us today for a confidential case evaluation by calling (216) 373-7706 or by filling out the contact form below.