Defamation, Libel, & Slander

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 Lawyer

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.