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 Defamation Of Character In The Workplace In Washington
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What do I need to prove if I want to bring a claim of defamation? Working in a hostile environment can negatively affect your work performance and mental health.Our experienced lawyers may be able to help you. In Washington state, truth is an absolute defense against libel and slander. If a statement is proved accurate, there are no grounds for a defamation claim. Yes, you may sue for slander, but you are not likely to win. There are special rules governing employment references. Defamation occurs when someone's words cause harm to another person's reputation or livelihood. You'll need to decide whether what happened is serious enough to justify the expense of litigating the case for up to two years. If your employer knowingly or recklessly made false statements about you and you were harmed as a result, you can sue them for defamation of character.
