What is defamation?
Defamation is when a party makes a false statement about someone else that injures their reputation or causes them other harm.Read More
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.