How Do You Prove Defamation of Character at Work?

Defamation of character at work can be damaging, stressful, and difficult to navigate. False statements may impact an employee’s reputation, career advancement, or job security. If you find yourself asking “How do you prove defamation of character at work?”, this guide provides a general overview of what may be involved in evaluating a potential claim.

Because defamation cases can be highly fact-specific, it is important to understand that outcomes vary. The information below simply outlines common considerations.

What Is Defamation of Character? (Brief Overview)

Defamation generally refers to false statements of fact that may harm someone’s reputation. In the workplace, this may include statements made by supervisors, co-workers, or even third parties such as customers.

Since you plan to cover “What is defamation of character?” in a separate article, here is a short overview:

• The statement must typically be false.
• It must usually be presented as fact, not opinion.
• It may need to be communicated (“published”) to someone other than the employee.
• It may need to cause reputational or economic harm.

Employees who believe they have been defamed may want to collect evidence and consider seeking legal guidance.

Libel vs. Slander in the Workplace

Understanding the two main categories of workplace defamation may help you identify what type of evidence to preserve.

Libel

The term Libel refers to written statements, which may include:

• Emails
• Text messages
• Chat messages
• Performance reviews
• Social media posts
• Written complaints or reports

Libel may be easier to document because written statements can be preserved.

Slander

The term Slander involves spoken statements, which may include:

• Verbal accusations
• Rumors
• Comments made in meetings
• Statements shared with clients or co-workers

Slander can require witness accounts or notes documenting when, where, and to whom the statements were made.

How Do You Prove Defamation of Character at Work?

The burden of proof for defamation typically rests on the employee bringing the claim. While requirements vary depending on the situation and jurisdiction, employees may need to show several common elements. Please note, it’s not easy to sue an employer for defamation. A defamation lawyer requires several forms of evidence. It’s therefore crucial to gather as much as possible. To prove the tort of defamation, the details provided must show the statement is false, published, defamatory, unprivileged, and intended to or inherently cause injury or damage to the plaintiff’s character.

These elements often include:

1. The statement may need to be false

A defamation claim generally cannot be based on statements that are true. Employees may need evidence showing the statement was factually incorrect.

Common defamation of character examples may include:

• Falsely accusing an employee of theft or criminal behavior
• Incorrectly stating that an employee violated policy
• Making untrue claims about an employee’s performance or conduct

2. The statement may need to be “published”

Publication simply means the statement was communicated to someone other than the employee. This may include:

• A manager repeating an allegation to HR
• A co-worker sharing a rumor
• A supervisor emailing the statement to another employer

3. The statement may need to be defamatory, not an opinion

Statements that are framed as opinions (e.g., “I don’t like their work style”) may not qualify as defamation. Statements presented as fact may be more likely to meet this requirement.

4. The statement may need to be unprivileged

Some workplace communications may be protected by “privilege,” meaning they cannot form the basis of a defamation claim. Privilege rules can be complex and may vary.

However, privilege may not apply when:

• The information was shared beyond those who needed to know
• The communication was made recklessly or with malice
• The statement fell outside the scope of a protected context

5. The statement may need to cause harm

Employees may need to show that the false statement caused or may cause harm, such as:

• Lost job opportunities
• Denied promotions
• Reputational damage
• Emotional or economic impact

In some situations, certain types of statements may be considered defamation per se, meaning harm may be presumed. These typically include false accusations involving criminal conduct, unethical behavior, or professional incompetence.

Gathering Evidence to Support a Defamation Claim

Employees who believe they have been defamed at work may want to gather potential evidence, such as:

Written Documentation

• Emails
• Text messages
• Screenshots
• Performance evaluations
• Chat logs

Witness Details

• Names of individuals who heard the statements
• Notes describing what was said
• Dates, times, and locations

Employment Records

• Prior performance reviews
• Documentation showing lost opportunities
• Records of disciplinary actions

Personal Notes

Keeping a timeline of events may help preserve details while they are still fresh.

Filing a Defamation Claim Against an Employer

Because defamation cases can be complex, employees may benefit from discussing their situation with an employment attorney. An attorney may be able to:

• Review available evidence
• Help determine whether the elements of defamation may be met
• Explain whether privilege may apply
• Discuss potential next steps

Nothing in this article guarantees that a defamation claim will succeed. Each case depends on specific facts, evidence, and applicable laws. 

You May Want to Speak With a Workplace Defamation Attorney

If you believe you may be experiencing defamation of character at work, you may want to reach out to Lawyers for Justice, P.C. to discuss your situation. Our team may be able to assess your potential claim and explain what legal options may be available.

You can call 818-JUSTICE or click here for a free consultation.

We are here to help you explore your rights and determine what steps you may choose to take next.

Frequently Asked Questions (FAQ) About Defamation of Character at Work

Q1: What is defamation of character?
Defamation of character generally refers to a false statement of fact about a person that may harm their reputation. It usually involves communication to a third party and can be either written (libel) or spoken (slander).

Q2: How do I know if something is defamation at work?
Defamation at work may involve false statements made by supervisors, co-workers, or others that harm your reputation. To consider a claim, the statement typically must be false, unprivileged, published to others, and cause harm.

Q3: What is the difference between libel and slander?
Libel refers to defamation in written or recorded form, such as emails or online posts. Slander refers to spoken defamatory statements, such as rumors or verbal accusations.

Q4: How do you prove defamation of character at work?
Proving defamation of character at work may require showing the statement was false, communicated to others, unprivileged, and damaging. Gathering evidence such as written documents, witness statements, and records of harm can be important.

Q5: Can I sue my employer or co-worker for defamation?
You may have options to pursue legal action if defamation occurred, but outcomes depend on many factors. Speaking with an employment attorney can help clarify whether a claim may be viable.

Q6: What should I do if I believe I am experiencing defamation at work?
If you believe you may be experiencing defamation of character at work, you might consider documenting the statements, collecting evidence, and consulting with a qualified attorney to understand your rights and potential next steps.