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Defamation at work requires publication of the false statement to a third party.

As a result, supervisors do not defame employees by telling only them that they did something terrible even if, in fact, they did not. In a similar sense, if the supervisor told the Human Resources Director that the employee did something awful, when the employee did not, the supervisor still has not defamed the employee.

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.

In that case, the court can conclude that the statement meant the employee was a witness and find that the statement is innocent.

Generally, though, defamation at work means: Defamation requires an untrue statement of fact.

Opinions are not facts, so defamation claims based solely on unfavorable opinions will fail.

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.

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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.Statements that reflect upon one's character in a manner that will cause ridicule, hatred, contempt, or injury to trade or profession, if proven, are defamation per se, and do not require proof of actual damages.



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