A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Slander And Libel In The Workplace In Franklin
Category:
State:
Multi-State
County:
Franklin
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Talk to HR or Management: If the issue persists, report the behavior to your human resources department or a supervisor. Present your documentation and explain the impact of the defamation on your work and well-being. Seek Support: Talk to trusted colleagues or friends for support.
Send a Cease and Desist Letter: If the slander continues, your attorney may recommend sending a cease and desist letter, formally requesting that the former employer stop making false statements. Consider Mediation: If direct communication doesn't work, mediation can be an option.
To prove workplace defamation, you must establish all of these elements: A false statement of fact was made about you. The statement was “published” (communicated to someone other than you) The statement clearly referred to you. The person made the statement intentionally. The statement caused you actual harm.
If an employee slanders you, you should almost certainly fire them for their egregious behavior. The employee is causing harm to your business and has proven to be dishonest. Just make sure you follow all company procedures before you fire the employee.
California Civil Code section 46 provides that slander is a false, unprivileged publication that is spoken and that does any of these: (1) charges the victim with a crime, (2) imputes to the victim the existence of a contagious, infectious, or loathsome disease, (3) tends directly to injure the victim with regard to ...
Yes, you may sue for slander, but you are not likely to win. There are special rules governing employment references. Unless they were made with actual malice, they are privileged, and may not be the basis for slander.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required. In other words, the statement publicized about the plaintiff must be false in order to prove defamation.
Document Everything: Keep a detailed record of any defamatory statements made, including dates, times, locations, and witnesses. Save any relevant emails or messages. Stay Calm: Avoid reacting impulsively. Confront the Accuser: If you feel safe doing so, consider addressing the person directly. Talk to HR or Manage
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required. In other words, the statement publicized about the plaintiff must be false in order to prove defamation.
Generally, to prove defamation, you must show that a false statement was made, about you, to third parties, and which caused you damage. Once you have evaluated your case, and determined that you can satisfy these elements, you can then proceed with pursuing your matter.
