Workplace Defamation: Can They Really Say That?

With social media and so many other communication methods prevalent in workplaces today, employers need to be especially mindful of what they say internally and externally about employees, especially details in connection with investigations, discipline, and termination. Even considering that employers have the privilege of protecting most workplace communications, there are limits to that protection. To help you better advise clients about this growing practice area, Ms. Prinz will discuss the following: 

• The definitions of defamation per se and defamation per quod;

• The privilege governing workplace communications and how employers might inadvertently fall outside the boundaries of that privilege; 

• The risks associated with internal and external communications about employees;

• How implicit messages within communications can expose your clients to claims of workplace defamation;

• Relevant case law addressing recent workplace defamation claims; and

• How to advise employers and employees about workplace defamation claims and how they are being used more and more frequently.

Learning Objectives:

1. Discuss the elements of a defamation per se or defamation per quod claim and how they are established in a workplace setting

2. Understand the risks associated with workplace defamation claims

3. Review practical tips for helping your employer clients avoid a workplace defamation claim