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.
Character Defamation In The Workplace In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-00423BG
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Word;
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FAQ
Workplace defamation can take many forms and may include an employer making false statements in an effort to prevent a person from taking a new job. It can also occur if a person claims that you have an infectious disease or falsely accuses you of committing a crime.
California has laws against slander in the workplace. In California, former or current employers or coworkers commit defamation if they “publish” a false statement about you and cause you to suffer damages. In the realm of defamation, “publish” means communicating a false statement to others verbally or in writing.
In California, you must prove five elements to establish a defamation claim: An intentional publication of a statement of fact; That is false; That is unprivileged; That has a natural tendency to injure or causes “special damage;” and, The defendant's fault in publishing the statement amounted to at least negligence.
A person must prove all of the following elements: defamatory content; publication; reference to plaintiff; intent; and. harm or damages.
If an employer or coworker speaks dishonestly about you to others, you might have a case for defamation of character in the workplace. Defamation can take a severe toll on you personally and in the workplace, so you deserve to be compensated for the effects of dishonest language against you.
California, though, is not one of the U.S. states with criminal defamation laws. While California defamation defendants do not face potential imprisonment, they could be subject to civil lawsuits and hefty damages (including punitive damages), depending on the nature and harm caused by their false statements.
In California, you must prove five elements to establish a defamation claim: An intentional publication of a statement of fact; That is false; That is unprivileged; That has a natural tendency to injure or causes “special damage;” and, The defendant's fault in publishing the statement amounted to at least negligence.
In cases involving public figures or matters of public concern, the burden is on you to prove falsity. In cases involving matters of purely private concern, the burden of proving the truth is on the defendant. A defendant does not have to show the literal truth of every word in an alleged defamatory statement.
Send a Cease and Desist Letter: Often, a formal letter from a lawyer indicating the defamatory nature of the statements and demanding their cessation can resolve the issue. File a Lawsuit for Damages: If the defamation has caused significant harm, a lawsuit may be the appropriate step to claim damages.
