Whether you’re a public figure or a private citizen, at some time in your life, someone is likely going to say something negative about you. Although it might be offensive or upsetting, there’s often little you can do about the situation legally. People can be crude, rude, and offensive, but there is a limit if what they say goes beyond insults and becomes a lie.
If someone is blatantly lying about you to third parties, to the point that it potentially causes you financial detriment, you may be able to take a defamation claim to court. If you believe someone is lying about you in the workplace or beyond, contact the civil rights attorneys at Barrett & Farahany for a consultation.
What is a Defamation of Character?
Defamation is the action of damaging one’s reputation with false information. If the information is true or hurts little more than a person’s personal feelings, then it can’t be considered defamation. There are two types of defamation to consider, including libel and slander.
Libel is defamation in writing or in print. This means that any false statements made in writing – online or physical print. If the defaming statements are not in writing but are spoken, it is known as slander.
What is Employment-Related Defamation of Character?
Employment-related defamation of character can occur if an employer or ex-employer makes false statements about you to a third party. This can happen during procedures such as a background check by a prospective employer.
Defamation issues can also arise in the workplace if an employer defames you so they have an excuse to fire you. They can do this in suspect performance evaluations.
For this to be defamation in the legal sense, the defamatory statement has to be based on a false fact and not an opinion. If someone places a damaging opinion of you in a performance evaluation – such as an insult to your attire – this would be unprofessional, but not defamation.
Example of Employment-Related Slander and Libel
- If an employer says you are a bad worker, this is a statement of opinion. While it may be unprofessional without evidence behind it, it cannot be considered defamation.
- If an employer says you stole money from the company, this is a statement of fact. The burden of proof is on them. If they don’t have evidence to support this claim, it can be considered defamation.
How To Tell When It’s Defamation of Character
You may have a defamation case if one’s statement encompasses the following:
- False – No matter how scathing a review or how hurtful a comment is, you can’t sue for defamation if the statement can’t be proved to be objectively false. It’s important to know that in Georgia, like in other states, you will need to be able to present evidence of the actual words used by the person who has defamed you. This is difficult for cases of slander.
- Published – A third party must see or hear the false statement for it to be considered defamation. For instance, if someone publishes a false comment about you in an Internet chat room that states you are guilty of committing a crime, this would more than likely suffice to meet the “publication” requirement under defamation law. If the libel were something written in the privacy of someone’s home or office and disposed of, it may not count as defamation.
- Injurious – If the comment causes damage to you, it is considered injurious. For instance, if someone starts an untrue rumor that you are doing drugs, you can lose your job or job prospects. In either case, you should consult a defamation attorney to seek compensation.
- Unprivileged – In some cases, people cannot be sued for making defamatory allegations. This may include witnesses who testify in court or legislators who make comments in certain situations. Also, in an employment context, employees with an intra-corporate privilege to convey information to other employees with a duty or authority to receive the information may be protected by a privilege.
The above examples are general guidelines but do not encompass the complexities of defamation law. Defamation can be one of the most difficult cases to prove, but one of the most disastrous to an individual’s professional reputation.
Contact Barrett & Farahany If You Believed You Have Been Defamed
Defamation has serious consequences for the victim. You can seek damages if you have been defamed and feel the consequences in your professional life, perhaps even financially. The attorneys at Barrett & Farahany can help.
Whether the defamation is spoken or in print, as long as it isn’t true, you may have a case. Don’t wait as the consequences will escalate. Contact the defamation attorneys at Barrett & Farahany, LLP today for help.
