Defamation "per se" is similar to general defamation but does not require proof of special damages. Instead, it involves false statements that inherently harm the plaintiff’s reputation in specific ways. These include accusing the plaintiff of: a) committing a crime; b) having a contagious disease; c) lacking integrity in professional duties; d) lacking ability in their profession; or e) engaging in adultery or fornication.
These rules are equally applicable in the workplace. Under the doctrine of respondeat superior, employers can be held responsible for defamatory statements made by their employees, making defamation claims particularly relevant in employment settings.
For example, if a supervisor falsely accuses an employee of having an affair with a colleague, the employee could pursue a defamation per se claim if the accusation damages their professional reputation. Such false allegations can quickly spread among coworkers and potentially affect the employee's career prospects, including with competitors in the industry.
Workplace defamation is unfortunately common, especially in cases of wrongful termination. If an employer terminates an employee with false allegations, such as accusing them of criminal activity without basis, it not only unjustly damages the employee’s reputation but also leads to wrongful job loss. Accusations of criminal conduct fall squarely under defamation per se.
Statements related to job performance or in performance reviews can also be problematic. For instance, if an employer inaccurately claims in a review that an employee consistently arrived late or accuses them of incompetence to a coworker, these statements could qualify as defamation per se by impugning the employee's professional ability or integrity.
Examples of statements that may constitute workplace defamation per se include:
- Employee is incompetent
- Employee is uncooperative
- Employee associates with undesirable individuals
- Employee engages in unethical behavior
- Employee has a contagious disease
- Employee is dishonest
- Employee is inefficient compared to peers
- Employee is under investigation for misconduct
- Employee engages in malpractice
- Employee does not follow rules or protocols
It’s important to note that to succeed in a defamation claim against an employer or coworker, the false statement must be factual rather than an opinion. Statements like "poor worker" generally do not constitute defamation unless accompanied by specific false facts. However, insinuations or factual misrepresentations as listed above can indeed lead to liability for defamation.
If you believe you have been defamed in the workplace, it’s crucial to seek legal advice to understand your rights and potential remedies.
