A Defense to Defamation

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 to what they say that 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 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 in 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 Defamation Cases

Defamation in the workplace can severely damage a professional reputation and derail a promising career. Understanding how these harmful statements manifest is the first step in protecting your livelihood. Here are the most common ways workplace defamation occurs:

• Untrue Allegations of Misconduct: This happens when a manager or colleague lies to human resources about an employee violating company policies, engaging in harassment, or stealing, which ultimately leads to the employee’s termination.
• Falsified Performance Evaluations: A supervisor may intentionally document untrue information regarding a worker’s qualifications or daily performance in a public official review. This fabricated record is often used to wrongfully deny a promotion or raise.
• Harmful Employment References: Former employers cross the line into defamation when they lie to prospective hiring managers. Falsely stating that a former worker was fired for illegal activities or severe incompetence can instantly destroy a pending job offer.
• Destructive Workplace Gossip: When coworkers spread baseless rumors about an employee’s mental health, personal life, or professional capabilities, they create a hostile environment. This malicious gossip often results in the targeted employee facing severe reputational damage and workplace isolation.
• Digital Libel: Defamation is not limited to spoken words. Coworkers or supervisors may send libelous emails, distribute damaging private messages, or post knowingly false statements on professional networking sites like LinkedIn to publicly harm a colleague’s standing.
• Unfounded Claims of Incompetence: Deliberately stating that a peer lacks the fundamental skills or integrity to execute their job duties constitutes defamation, especially when these false claims directly hinder the victim’s ability to secure future employment or career advancement.

How To Tell When It’s Defamation of Character

You may believe that an accusation of defamation must prove actual malice, but that is not the case. It must meet the following four criteria to be considered defamation:

• False – No matter how scathing a review or how hurtful a comment is, you can’t sue for defamation unless the statement was 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 Believe 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, since the consequences will escalate. Contact the defamation attorneys at Barrett & Farahany, LLP today to start your defamation case.