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Truth About Defamation Cases at Work Place and Its Impact on the Individual

Employment defamation can be filed in case of loss to a person’s professional standing. Negative evaluation and comments cannot be accounted for defamation unless done under false pretext.

Defamation can be filed only when false statements and allegations are made that spoil the reputation of the employer that causes potential damage to their profession and employment.

When an employee or a colleague intentionally inflicts agony and causes mental distress, even after the termination of the employment, the previous employer can be held for defamation and the cost of damages can be received.

Situations when a previous employer can be held for vicarious liability

  1. Employers from previous company making a defamatory statement to anyone outside the company can be held for defamation.
  2. Statements made with malice and ill intent will be held for defamation.
  3. When an employee makes these statements outside the scope of their duties defamation is applicable.
  4. You must ensure that you get a confirmation letter about the start and end date of employment.
  5. Check if your previous employer is willing to endorse you.
  6. No previous employer has the right to disparage employees, who have left the organization.
  7. No employee from the organization has the right to defame the employee once they leave the organization.
  8. Employees in any organization must be cautioned about making defamatory statements.
  9. Any statement that is false and causes professional damage can be held for defamation.

Revealing of personal information or trade secrets

When you are employed you carry the personal responsibility of not revealing any of the organization’s information or trade secrets. You will be held personally liable if you reveal trade secrets of any of your previous employers. You cannot publish any information about your previous employers that contains information about the company.

Every company holds a copyright law that can be used to file a defamation case against anyone, who misuses the information for their personal and professional benefits. This is the reason privacy issues when posting publicly should be a concern. In a professional environment, your written and oral communication must be cautious to ensure that no words are attacking or causing harm to anyone individually or the organization.

Defamation within the scope of employment

Opinions and expressions that are negative and done with a bad intention even after the termination of the employment are considered defamatory. If any statements made contain disclosure of sensitive information, they are actionable.

Employers must be cautious about written and oral endorsements they make about a new employee or a prospective employee. In these statements, if facts are omitted, it can be liable to defamation and actionable procedures. If the receiver of the endorsement is relying on the facts made in the endorsements and they are omitted or falsely presented, the employer can be sued for doing the same.


Each state has a different law for defamatory statements. A local attorney can guide you better when it comes to filing for defamation. False representation of facts to cause damage and negative impact on the life of the person can also be considered for defamation.

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