What Are the Factors Needed to Prove Defamation?

While every state has different rules on proving defamation, the following five points generally must be satisfied to win a defamation lawsuit.

• The employer must make a false statement of fact about the employee.
• Then the employer must make the false statement to someone else, also known as “publication.”
• It must be shown that the employer knew the statement was false.
• The employee must have suffered harm from the false statement.
• Finally, the statement cannot have been made under privilege. Often statements given in the context of employment reference are considered privileged and protected from liability.