What Is Workplace Defamation?

Workplace defamation refers to slanderous or libelous statements made by a co-worker, employer, or employee. In some cases, workplace defamation can result in serious damage to a person's reputation or career, and may be legally actionable. There are several criteria that must be met in order for a statement to be considered legally defamatory; since defamation laws vary by state, it is generally best to consult with a local attorney to determine if a case of defamation is actionable.

In many cases, workplace defamation occurs when an employee leaves a company or is fired. When called for references, an angry former boss or co-worker may decide to make untrue and harmful statements about the person's character or behavior in order to get revenge or teach him or her a lesson. Workplace defamation can also happen within a workplace, such as when a co-worker deliberately makes an untrue statement about another person in order to void his or her chances of getting a promotion. While defamation may be a common occurrence, legally actionable workplace defamation must meet several important guidelines to be considered for a lawsuit.

First, workplace defamation must be made as a factual statement, not just an opinion. Opinions are subjective statements made without the benefit of a factual guarantee, such as “I think she's a lazy person”. A factual statement leaves no room for subjectivity, such as “He stole money from the company every week.” Opinions are generally considered a protected form of speech, while statements meant to be factual need to be backed up by actual fact. Additionally, the person accused of defamation must either be knowingly and maliciously lying, or can be shown to be grossly negligent in assuming the truth of a factual statement.

One common criteria for workplace defamation is that the statement must be made to a third party. The third party can be a supervisor, co-worker, reference-checker, or other person affiliated with the company or industry. Written defamatory statements, such as emails, letters, and memos, are called workplace libel. Oral statements, such as those made during a performance review, meeting, or personal conversation, are called workplace slander.

If a person finds out that he or she is being defamed, the first step may be to call a lawyer. While a defamation lawsuit is possible, it may be less expensive and just as effective to have a lawyer write a cease-and-desist letter to the defaming party. This letter lets the defamer know that legal action is on the table should he or she persist in making patently false accusations, and may be sufficient to stop the problem. If defamation continues, an attorney may be able to advise a client on how to proceed with a defamation lawsuit.