Defamation, Libel, & Slander Attorneys El Paso, TX

Defamation occurs when one person publishes a false statement that tends to harm the reputation of another person.  Written defamation is called libel.  Spoken defamation is called slander.

If your employer says something that is false about you to someone else such as a perspective employer then you may, under some situations, have a claim for defamation.  Your employer does have some defenses depending on the circumstances that the statements were made.  Davie & Valdez P.C. can evaluate your defamation / libel / slander claim in Attorney El Paso, TX.

How Employment-Related Defamation Is Proved

Proving employment-related defamation certainly isn’t easy. It involves several steps and complexities. Here are the five elements you have to prove.

• Your Employer Made a Defamatory Statement: A defamatory statement is one in which that damages an employee’s reputation. If other coworkers hear the statements, they may think less of the employee and alienate him or her.

• Your Employer Announced the Defamatory Statement to a Third-Party: Your employer also must have published the defamatory statement to a third-party, which could be verbal or non-verbal.

• Your Employer’s Statement Wasn’t True: In order to have a strong case against your employer, you must show specific proof that the defamatory statement was false.

• Your Employer Was at Fault for Making the Statement: In your case, you also have to prove that your employer knew that the defamatory statement made against you wasn’t true.
• The Statement Hurt Your Reputation: To win a defamation case against your employer, you also must present evidence that the false statement damaged your reputation in some way.

Consequences of Defamation

The consequences of defamation in the workplace can be very serious and shouldn’t be taken lightly. For instance, your coworkers might completely ignore you and leave you out of meetings and other work activities. They may also harass you and make mean comments to you all the time. This can definitely make it more difficult to go to work every day. You may dread it every morning because you know how badly you’ll be treated.

Defamation can continue to negatively affect your life even if you quit your current job. The false statement could get around to other companies and hurt your chances of landing another position. 

Speaking to a Defamation, Libel, and Slander Lawyer in El Paso, TX

Since the consequences of defamation can be very severe, you shouldn’t wait to take legal action against your employer. Your first step is to set up a consultation with a qualified lawyer. During this meeting, a lawyer will thoroughly assess your case and determine if you have a strong claim or not. If your lawyer determines that you have a good defamation case against your employer, he or she will help you pursue a lawsuit.

Expect a lawyer to ask you multiple questions during the consultation. For instance, he or she may want to know when the defamatory statement was made and what exactly was said. Be completely honest and detailed in your answers.

The Role Of Intent In Defamation Claims

Intent plays a key role in determining whether a defamation, libel, & slander claim can stand. When someone makes a false statement that harms another person’s reputation, the court will often look at the intent behind the statement to evaluate liability. This is especially true in cases involving public figures, where the burden of proof is higher.

For private individuals, it’s typically enough to show that the statement was false and damaging. But in other cases, intent becomes a significant factor. Courts examine whether the person making the statement acted with actual malice, negligence, or reckless disregard for the truth. This assessment helps establish whether the accused party had a mindset that supports a legal claim for defamation.

Public Versus Private Figures In Defamation Law

The distinction between public and private individuals changes how intent is viewed. Public figures, including celebrities and elected officials, must demonstrate that a false statement was made with actual malice. That means the person knew the statement was false or acted with reckless disregard as to whether it was true or not.

Private individuals, on the other hand, usually need only to show that the person who made the statement was negligent. This lower threshold reflects the idea that private individuals have not voluntarily exposed themselves to the same level of scrutiny as public figures. As a result, their need for protection under defamation laws is often greater.

Proof Of Mindset Affects Case Outcome

Intent in defamation, libel, & slander cases isn’t always easy to prove. Courts rely on available evidence, such as emails, social media posts, or witness statements, to understand the context in which the allegedly defamatory statement was made. Patterns of behavior, previous conflicts, or an ongoing campaign of criticism can all be considered when determining intent.

For instance, if someone repeatedly posts negative and false information about a business competitor, and those posts lead to lost revenue or harm to professional reputation, there may be enough to show that the statements were not only false but made with malicious intent.

Why Intent Affects Potential Damages

The level of intent also affects potential outcomes in a case. A finding of actual malice can lead to punitive damages, which go beyond compensating the victim and serve to punish the wrongdoer. On the other hand, if the court finds that a statement was made through negligence rather than with deliberate intent, the damages awarded may be limited to compensatory ones.

In either scenario, demonstrating the intent behind a statement is essential to building a strong defamation, libel, & slander case. We must examine what was said, how it was communicated, and whether there’s a pattern of conduct that supports a claim of defamation.

Taking The Right Legal Steps Forward

At Davie & Valdez P.C., we have over fifty years of experience helping our clients move forward with clarity when facing defamation-related issues. Our award-winning approach starts with understanding the intent behind the statements and building a case that reflects the facts. If you believe your reputation has been damaged by false claims, we encourage you to contact us for a free, confidential consultation. Let’s take the first step in protecting