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For all the employer knew, the drug test was accurate, and it had no reason to believe otherwise.

An employee must prove actual damage in a defamation case, unless the words used to defame the employee amount to defamation "per se." Employees can prove actual damage if the defamatory statement costs them their job.

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.

Public policy encourages a free flow of information among employers about potential employees, so the law carves an exception out of the law of workplace defamation for reference requests.

If the employer knows that the employee did not steal but says so anyways, the employer probably loses the privilege.

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.

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.

I have had consistent challenges with one, where my female gender and younger age set me apart from the entire sales staff I deal with the...

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.

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.

Accusations of serious crimes or immoral conduct constitute defamation per se.




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