Defamation in the Workplace

In the modern fast-paced workplace, the communication is rapid, be it emails, chat, performance review and the informal discussions. Although open communication is necessary in collaboration, it may at times border on offensive utterances about other people. Defamation in workplace is a problem when some false or harmful statements are made about the employee, coworker or even the company.

The employers and the employees need to know what is meant by defamation, the possible outcomes and how one can reduce the risk at the workplace.

What Is Defamation?

Defamation is the false statement of fact made about another person by an individual that damages the reputation of the individual. There are two forms:

Libel - Defamation in writing (e.g., an email, text, performance evaluation or a social media post).

Slander - oral defamation (e.g. gossip, rumours, oral accusations).

Not all the unkind words and criticism are defamatory. To be weighty, a claim must in general satisfy the following conditions:

The statement was false.

It was not it was hoped an opinion but a fact.

It was told to a third party.

It hurt the reputation, career or relationships of the person.

The defamation can thrive in workplaces due to the proximity, hierarchies, and performance appraisal. Examples of some of them are:

Gossip:

Distributing untrue words that an employee has stolen, harassed a colleague or committed some immoral acts.

Inaccurate performance ratings: A manager who has actual or perceived knowledge of incorporating false or misrepresentative information to affect the career of an employee.

Disparaging references:

This is the making of untrue negative references to a potential employer when a reference check is being conducted.

Online defamation:

Making negative lies about coworkers or employers in a social media or workplace discussion board.

The circumstances have the potential to damage morale, impede performance and subject individuals or organizations to legal ramifications.

Employer Liability

The employers can be sued on defamation when a manager, HR professional, or employee defames someone out of his/her employment responsibility. On the other example, in case an employer initiates incorrect accusations of misconduct by a supervisor, he may encounter legal actions on vicarious liability.

Nevertheless, there are communications that are secure. As an example, in reference checks or internal inquiries, employers tend to act with the good-faith privilege in making statements. This implies that they are not liable provided such statements were made in good faith, and without bad intent and the purpose of the statements is to serve a business purpose.

Employee Responsibility

Liability does not spare employees. How to file a defamation claim would arise because of gossiping about colleagues, sending unverified rumors and writing derogatory comments about them on the internet. In addition to legal liability, these acts may lead to disciplinary action, termination or long-term harm to working relationships.

Workplace Defamation -

For Employers:

Establish clear policies: Add anti-defamation and respectful communication policies to the workplace conduct policies.

Train managers and staff: Educate the employees on responsible communication and the danger of propagating untrue statements.

Treat inquiry with sensitivity: In the case of alleged misconduct, make sure the results are grounded in written evidence, which is delivered in a low-profile way.

Be wary with references: Use verifiable facts only, i.e. job title and dates of employment, except where there is a valid reason to give more information.

For Employees:

Choose your words wisely (or write wisely): Do not repeat rumors or accuse someone that you cannot prove.

Get solution in due process: When you are having issues with a colleague, refer to HR rather than gossips.

Interactions with documents: In case you suspect that you are the victim of defamation at work, record the statements and their effect.

Key Takeaway

Work-related defamation can be very detrimental both to individuals and to organizations. Although not all negative comments may be considered as defamation, the intentional transmission of false information may result in legal and professional implications.

The employer must also create an atmosphere of respectful dialogue and they must have risk reduction policies and the employee must be sensitive in his or her verbal or written word and how that word or phrase may impact others.

Legal consultations can be seen as the optimal course of action when conflicts at the workplace become so intense as to possibly result in defamation. A qualified employment lawyer may assist in analyzing the case and deciding on the further action.