What is the Difference Between Workplace Defamation in California and Public Defamation?

Understanding Defamation Laws and Your Rights to Compensation

Defamation is a broad legal term referring to written or spoken statements that damage a person’s reputation. Under California law, an individual can file a civil lawsuit against another person for defamation if they can show that the false statement was published and caused them injury. Defamation can occur almost anywhere, including in the workplace, at school, home, or in a public forum. 

At LNN, LLC, we understand how important your reputation is, particularly in the workplace. Our employment law attorneys represent individuals who have been mistreated on the job, including those that have suffered from work-related defamation of character. If your employer or coworker has created a hostile work environment through their actions or words, contact our office at (213) 232-4848 for a free, confidential consultation.  

Defamation on Trial

The recent defamation trial between ex-spouses Amber Heard and Johnny Depp has many people wondering what the term means and whether someone can file a lawsuit based on someone else’s statement. 

In the case, Johnny Depp filed a defamation lawsuit against his ex-wife Amber Heard for an op-ed she wrote alleging domestic abuse and sexual violence during their marriage. Depp claims that the published statements are false and their publications caused injury in the form of economic losses.

What is Defamation?

Defamation is a false statement that is intentionally published, resulting in damage to the person’s reputation. The statement cannot be privileged communication, or it is not considered defamation.

Defamation can be written or spoken. A defamatory statement that is written (as in the Heard/Depp trial) is considered libel, whereas a statement that is spoken is considered slander. 

It is important to note that while a plaintiff must prove that the defamatory statement was published, it does not mean that it must be printed. In general, it is easier to prove libel since there is more often physical proof of defamation. 

What is Workplace Defamation?

In the workplace, defamatory statements can be particularly damaging. Work-related defamation may affect a person’s ability to obtain a promotion, create a hostile work environment, or result in harassment. 

Workplace defamation can take many forms and may include an employer making false statements in an effort to prevent a person from taking a new job. It can also occur if a person claims that you have an infectious disease or falsely accuses you of committing a crime. 

Defamation of character in the workplace is wrong and cannot be tolerated. An employment law attorney can help you understand your rights and file a claim against any liable parties for their wrongdoing. It is important to act quickly since you only have a limited amount of time to file a defamation lawsuit in California. 

Examples of Workplace Defamation

Defamation at work can take many forms, but most cases fall into categories like the following:

• Making false accusations of misconduct, such as a violation of company policy or an illegal action like theft
• Spreading malicious and untrue rumors to coworkers, staff, or management about an employee’s conduct, professional prowess, or personal life
• Misrepresenting employee performance, such as by making false claims about their performance, their conduct, or their qualifications in performance reviews or any other work-related communications
• Falsely claiming that an employee engaged in unethical or dishonest practices, such as making shady deals or misappropriating company funds
• Sharing written defamatory statements, such as via email, text, or social media
• Providing false negative references to potential employers

What is Public Defamation?

Any false statement, written or oral, that tarnishes a person’s reputation may be considered public defamation. Today, individuals are able to publish and disseminate false information about other people faster than ever through social media. 

Defamatory statements can be made about private and public figures. However, a public figure (as in Johnny Depp’s case) must prove that the person making the defamatory statement acted with “actual malice” or a reckless disregard for the truth. 

Who Can Be Liable?

If you are defamed on the job, you can suffer very serious consequences that can be addressed in an employment claim. The matter of who can be held liable in your situation will hinge on the unique circumstances involved. 

Your Employer

Your employer can be held directly responsible for workplace defamation, and this includes in relation to statements made by your supervisor, your co-workers, or other employees generally. Clear examples of defamation in this context include making false statements in performance reviews, in references to other employers, and during investigations. 

Your Supervisor or Another Employee

Your supervisor or any other employee who defames you at work can also be held directly responsible in the eyes of the law.

What to Do if You Are Defamed

If you are defamed on the job, your situation will be specific to you, but two primary steps are universally advised. 

Seek Professional Legal Guidance

One of the most important steps you can take in the face of workplace defamation is consulting with a dedicated employment law lawyer early on. They will ensure that you understand the right steps forward for you and will carefully guide you through the process. This includes helping you avoid the kinds of errors that can seriously weaken your claim.

The right approach to defamation at work is taking legal action, not retaliating against the offender. Confronting the person who defamed you is not going to do your claim any good, and it could damage it. 

Ultimately, the other side will do what they can to weaken your claim, and this includes twisting the meaning of your words. As such, it is also a good idea not to post on social media until your claim is resolved. 

Carefully Gather and Compile all Relevant Evidence

The strength of your claim will hang on the evidence that backs it up. Toward this end, you are advised to keep detailed notes of each instance of defamation, including the date, time, location, and the name of the offender. Obtaining eyewitness testimony is also in your best interest. Because written forms of evidence have a habit of disappearing, grabbing screenshots of all such items is strongly encouraged.

How to Prove Defamation

In order to prove defamation in the workplace, you will need to establish the following elements:

• Your employer, supervisor, or coworker made a false statement of fact about you – as opposed to stating an opinion
• The person who made the false statement shared it with a third party, and they did so as a matter of negligence or worse 
• You suffered damage to your reputation or career as a direct result

The surest means of proving defamation at work is having a seasoned employment law attorney in your corner from the start.

Suffered Defamation in the Workplace? Contact Our Office.

What is the difference between workplace defamation in California and public defamation? We can help you distinguish between the two. If you were defamed at work, contact our office at (213) 232-4848 for a free consultation. Our attorneys have obtained millions of dollars in verdicts and settlements on behalf of our clients. Let us help you get the compensation you deserve. Call now to speak directly with a lawyer about your rights.