It is interesting to note that there is a time in almost everyone’s life when they find themselves being sued for Defamation of Character in the Workplace. Whether it is for publishing defamatory statements or complaining about poor performance, these individuals find themselves in the unfortunate position of defending their reputations and their careers. This often begs the question as to just what is Defamation of Character in the Workplace? In this article we are going to explore that very question and more.
Defamation of character occurs when one is being criticized in some way by someone who is an opposing party in a workplace situation. For example, if an individual is an employer and he or she discovers in an audit that their employees are making false statements about their skills during interviews, then they could institute legal action against those employees under the theory of employment defamation. The employer would seek damages for statements made by said employees that portrayed their skills as poor and their ability to do work as subpar. In other words, if an employee complains about poor performance in the work environment, but that employee states in an affidavit that the performance was up to par, the employer may have a case because they are now being sued for Defamation of Character in the Workplace.
Depending on the circumstances, the employee may not be able to establish the actual facts in the case. Therefore, there is often an important difference of opinion as to what the standard is when it comes to determining whether or not a defamatory statement should merit any type of monetary damages or legal action. What does an individual need to prove in order to establish Defamation of Character in the Workplace? First, they must prove that the statements were made in the workplace. Second, they must prove that the statements were true and this is generally a difficult proposition to prove.
As previously stated, there are many factors that determine what standard will be applied. For example, if there is a statute of limitations on filing a complaint, the courts may look past the time limit and consider if the statements actually happened. However, the courts also look to the common sense of the common citizen and evaluate whether or not an employer has a legitimate reason to file a claim against a worker for employment-related defamation. If a reasonable person could assume that the statements would be made if made by another, the employer would probably be able to defend themselves within the statutes and regulations of their employment agreement. If the employee actually did say something defamatory, even if it’s within the workplace, the employer may still be able to prevail in court.
Are you wondering how to proceed in a situation where you believe that you have been or are being defamation by your current or former employer? In many cases, it is best to consult with a qualified attorney who specializes in this area. A lawyer can inform you whether or not you have a case and whether or not your rights have been violated. Depending upon the nature of your case, they can help determine if filing a lawsuit is right for you. The first step in seeking damages for defamation of character is to notify your former or current employer that you are considering such an action. You must be careful to be timely in informing your employer, otherwise they may look to dismiss your claims as frivolous.
If you decide to pursue the matter, it is important to document all communications, both verbal and written, with pictures if possible, to provide evidence to support your case. It is also wise to include any receipts you may have for expensive expenses incurred while in the course of carrying out your duties for the company. It is not always necessary to go to trial; if you are unable to reach an agreement between you and your former employer, you may wish to consider filing a lawsuit against them through the local court system. There are laws on this type of claim in place; if you are filing through the court system, it is imperative that you obtain legal advice from qualified professionals who are familiar with employment defamation and other laws. With their knowledge and experience, these lawyers can ensure that you receive the maximum compensation for your losses.