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An employer may avoid a finding of defamation if it exercised reasonable care when it made the false statement.For example, an employer that informs an employee assistance program that a truck driver tested positive for heroin use is not liable for defamation if the positive test was false because the employee did not tell the drug testing lab that he was taking prescribed Vicodin.The "privilege" is a defense to a defamation claim.An employer can, for example, respond to a reference request by stating that an employee "stole from us" and avoid a finding for defamation at work, even if wrong, as long as the employer did not act out of malice.The employee must still prove that the statement caused damage, though.An employer has a qualified privilege to make statements about its employees concerning matters of their employment, especially when made in response to another employer's request for a reference.However, since defamation involves harm to an individual's reputation, and because reputation is difficult to quantify, actual damage is often difficult or impossible to prove.
Immediately after, my ex-boss sent a division-wide email (several-hundred recipients) announcing my layoff and adding his "opinion" that... This is not a case against my employer but against a third party where I execute my duties of employment. I manage a territory of distributors for a large corporation.
When the supervisor and Human Resource Director talk to each other about something that falls within the scope of their respective jobs, they are both speaking as the employer, and conversation amounts, in defamation law, to the employer talking to itself.
If the supervisor tells a co-worker who has no need to know that the employee did something horrible, then the co-worker is probably a third party, and the supervisor's statement is defamatory.
I am a teacher in Texas and recently received an email from a student's mother that I attempted to have her son removed from my classroom due to him being an African American.
Is there any basis for a I am a teacher in Texas and recently received an email from a student's mother that I attempted to have her son removed from my classroom due to him being an African American. My husband was recently terminated from a job he had held for 25 years.
For example, saying that detectives are questioning an employee about a suspected theft could imply that the employee is a suspected thief, or a witness to a theft.