Defamation of character in the workplace can happen in the context of the current or former workplace. It specifically refers to the defamation of an employee, such that their livelihood or reputation is at risk. This includes the loss of their current role or reduced likelihood of acquiring future jobs.
What is defamation of character in the workplace?
This issue is a legal offense that can be taken to court. The individual or group who has committed defamation can be charged in court. This issue of defamation of character needs to be kept separate from simple freedom of speech. If the statements in question are merely opinions stated by someone, and they do not hold any value as a fact in determining the future of the employee, then it is not considered defamation. Additionally, if the statements are merely made with humor, and have no consequences, then again it is not considered defamation.
The conditions for derogatory statements to qualify as defamation.
Any offensive statement would count as defamation only if it fulfills certain qualities. The statements have to be false and must not hold any truth about the employee in question. There must also be a direct or indirect negative effect on the employee’s livelihood or reputation. If the statements are shared with third parties and have severe consequences for the employee in terms of loss of a job or future job, then it is considered defamation.
Forms of defamation in the workplace.
Defamation involves the use of harsh and hurtful words, insults, or emotional attacks which have marked consequences for the recipient. There can be two kinds of defamation.
1. Slander refers to defamatory statements made verbally. This includes directly insulting the individual by throwing harsh words at them with the intent to damage their reputation or endanger their employment. It can also happen in person, where one individual or a group in the organization collectively uses derogatory remarks toward the employee. Use of any specific nickname, curse words, or insulting the individual to hurt them can all be considered defamation. Gossiping about any employee with intent to harm can also be included in slander.
2. Libel on the other hand refers to statements in the written form. Writing derogatory words about the employee on posters, sheets, or employee evaluations can refer to libel. This type of defamation can also happen online through social media posts and emails. Additionally, It can also be done by posting derogatory information about an employee on bulletin boards in the workplace. The exact manner or form in which the defamation took place needs to be noted for trial in court.
Examples of defamation in the workplace
Some examples of defamation in the workplace can be seen as follows:
1. An individual applies for a new job. The new employer contacts the former employer as a reference. The former employer makes false derogatory remarks about the individual, leading them to lose the chance of getting that new job.
2. An employee in a company is the topic of gossip. The other employees make false statements about this employee. These statements reach the employer, and the decision to fire the employee results.
What happens after identifying defamation?
The person who claims defamation first writes defamation cease and desist letter. The purpose of this letter is to request the cessation of any derogatory behavior by the perpetrator. This letter usually needs to be in an assertive tone, with appropriate future consequences stated for the perpetrator. Contrary to this is defamation cease and desist order which is issued by the court and has a legal weightage attached to it. A cease and desist order has the applicable laws and legal ramifications detailed.
Once taken to court, the matter is resolved through evidence by the defendant. It needs to be proved that the statements made by the defendant were the truth and not simply false vilifying words. Concrete proof for the same must be provided in court. The court case may end with payment for damages by the defendant if declared guilty.
Many services seek to help those facing defamation in the workplace. These services aim to help these individuals take the case to court and find a lawyer to take forth the case. These services are present to support those facing defamation in the workplace, such that they are not left all alone in the fight.
Preventing defamation of character in the workplace.
1. In the workplace, one must always check for the truth in statements before sharing or publicizing any information about another individual.
2. The management must ensure that statements with the potential for defamation are not written on paper.
3. Additionally, a healthy workplace environment must be maintained for all employees, both current and former.
4. If any criticisms need to be made, these can be done discreetly, with direct communication with the concerned employee. If these criticisms are showcased publicly, there may be negative consequences for the employee, which may qualify for a defamation suit.
