Defamantion

One of the fastest growing areas of the law in the employment context are lawsuits based on the
allegation that a previous employer has made false statements about an ex-employee, which in turn
caused the employee to lose a job, or be embarrassed in the community. These “defamation” actions
sometimes lead to huge jury verdicts, with some awards reaching more than a million dollars. There are
two types of defamation: libel (written or printed defamation) and slander (spoken defamation). The
standard used by the courts to establish such a claim is whether (a) the false communication tends to
injure a person’s reputation, by exposing him or her to public hatred, contempt, ridicule, or financial
injury, or (b) whether the false statement tends to impeach a person’s honesty, integrity, or virtue. For
example, false statements that adversely reflect upon an employee’s job fitness or abilities are
defamatory, as are statements that an employee has engaged in criminal conduct (such as using illicit
drugs), is dishonest, lacks integrity, or has a disease (such as AIDS or a venereal disease).

Employers are often times sued for defamation when a supervisor or human-resources person makes
statements about an investigation, or termination decision, that later is determined to be false and
misleading. This happens when employers are called for references, which directly leads to the
employee losing his or her chance to obtain another job. Other defamatory actions include false
statements to persons in the community or family members that lead to embarrassment or ridicule.

If you believe that you have been the victim of a defamatory act, or if you have been wrongfully accused
of committing or allowing such an illegal act, please fill out and send our email contact form. We would
be happy to review your matter, and contact you about your potential options. PLEASE DO NOT
DELAY, as this may prevent you from being able to assert your legal rights.