Defamation is illegal. In fact, courts have long recognized that “society’s interest in redressing the harm done to one’s reputation is strong.” McCoy v. Hearst, 42 Cal.3d 835 (1986). The right to seek damages for harms caused by defamation is a well-recognized “concept at the root of any decent system of ordered liberty.” McNair v. Worldwide Church of God, 197 Cal.App.3d 363, 374-75 (1987). If you are victim of workplace defamation, you should consult with a workplace defamation lawyer immediately.

In the context of employment law, the most common types of defamation are (1) false statements about job performance, (2) false accusations of misconduct, and (3) negative references to a subsequent employer.

fake news defamation

What is Defamation?

To prevail on a defamation claim, a plaintiff must show (1) a false statement, (2) that was “published,” (3) that caused harm, and (depending on the particular case) (4) fault or malice.

The plaintiff is required to prove that the defamatory statement was false. Truth is an absolute defense in defamation claims. This is the most important thing to keep in mind when considering whether to bring a defamation claim. If the statement is harmful but true, you will lose.

Opinions typically do not qualify as defamation because they are not false. For instance, “I don’t like [name]” may be a mean statement, but it is presumably a true statement of the speaker’s opinion. This is not defamatory.

“Publication” means that the disparaging statement was shared. In th employment context, publication may be “internal,” or within the company. The speaker need not share the defamatory statement with those outside the company.

“Harm” can be monetary or emotional. It is important that plaintiffs in defamation cases keep thorough documentation of the harm they suffer. For instance, employees sometimes suffer stress-related symptoms like panic attacks or depression after learning of a defamatory statement by their employer. It is the plaintiff’s obligation to justify the damages, which is much easier to do with thorough documentation.

Defamation, libel, and slander are all legal claims that require the same showing. Libel refers to written defamatory statements, while slander refers to spoken defamatory statements. Depending on the jurisdiction, libel and slander may have different statutes of limitations.

Workplace Defamation Case Checker

False Workplace Accusations Can Follow You Long After the Job Ends.

A manager, employer, HR representative, coworker, or former supervisor may damage your reputation by spreading false claims about your performance, honesty, misconduct, termination, or professional ability.

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Quick self-check

Ask whether the statement was false, shared with someone else, treated as fact rather than opinion, and caused professional, financial, or emotional harm.

What Your Evidence Should Show

1
False statement The employer said something untrue about your work, conduct, honesty, competence, or reason for leaving.
2
Publication The statement was shared with another person, such as HR, coworkers, leadership, recruiters, or a future employer.
3
Professional harm You lost job opportunities, references, clients, reputation, income, promotions, or workplace standing.
4
Bad motive or careless conduct The speaker may have known the statement was false, repeated it without checking, or acted with malice.

False accusations of misconduct

Claims that you stole, falsified records, violated policy, harassed someone, misused funds, or acted dishonestly can seriously damage your career when they are false.

Save this evidence: termination letters, investigation notes, witness names, HR emails, texts, disciplinary records, and proof the accusation is not true.

Negative job references

A former employer may create serious harm if it gives false information to a recruiter, background-check company, licensing board, or future employer.

Save this evidence: rejection emails, recruiter notes, reference-check records, background reports, hiring delays, and the exact statement that was repeated.

Internal rumors and HR statements

Publication does not always mean the statement went outside the company. False statements shared internally can still harm your reputation and workplace standing.

Save this evidence: Slack messages, Teams chats, emails, meeting notes, coworker names, internal announcements, and screenshots.

False performance or competence claims

Statements that you were incompetent, unsafe, unethical, unreliable, or unable to do your job may be actionable when they are false and presented as fact.

Save this evidence: performance reviews, praise emails, sales results, awards, client feedback, project results, and records contradicting the statement.

Online posts, group chats, and public statements

False statements made on social media, company platforms, group chats, LinkedIn, public announcements, or industry channels can spread quickly and create lasting damage.

Save this evidence: screenshots with dates, URLs, usernames, reposts, comments, viewer lists, and proof that others saw the statement.

Build the Defamation Timeline

1

What was said?

Write down the exact words, who said them, when they were said, and whether they were spoken or written.

2

Who heard it?

Identify coworkers, HR, managers, customers, recruiters, licensing boards, or future employers who received it.

3

Why is it false?

Collect documents, messages, reviews, reports, witnesses, and records that directly contradict the statement.

4

What changed?

Track lost jobs, rejected applications, damaged relationships, stalled promotions, emotional distress, and income loss.

Evidence to Preserve Before It Disappears

Common Employer Defense: “It Was Just an Opinion”

An opinion is usually harder to challenge than a false statement of fact. The difference matters. “I did not like working with her” is different from “she stole money,” “he falsified invoices,” or “they were fired for misconduct” when those statements are false.

Has a False Workplace Statement Damaged Your Career?

King & Siegel LLP helps workers evaluate defamation, retaliation, wrongful termination, harassment, discrimination, and related employment claims nationwide.

Schedule a Free Case Review Call (213) 465-4802

What is defamation per se?

Defamation per se is a statement that is so obviously harmful that the plaintiff does not need to prove actual damage. These statements are presumed to be harmful. Defamation per se often arises in the employment context because statements about people’s character for truthfulness (i.e., that someone is a liar) and statements about people’s ability to carry out their trade or profession (i.e., that someone is incompetent) qualify.

What are some examples of workplace defamation?

Defamation in the employment context often surrounds a termination. For instance, an employer may defame an employee when attempting to justify an illegal termination. An employer may also disparage an employee when contacted by a future employer for a reference check.

The following are some statements that courts have found to be defamatory:

  • That a businessman had “questionable ethics”
  • That a City Manager was “incompetent”
  • That an engineer was “not a competent engineer” and was a “traitor to the company”
  • That an attorney was a “crook,” “thief,” and running a “scam”
  • That a loan officer was fired because he “lacked regard for customer’s privacy” and bank “received a number of customer complaints about him”
  • That a corporate officer was “unscrupulous,” “a parasite in the organization” who “did nothing,” that he was “proud, snobbish, and vain,” that he was “insane in command” and “unable to assume responsibility and direction of groups”
  • That a former employee “misused company funds” and “falsified invoices”
  • That a school superintendent received “kickbacks” and engaged in “shady dealings”
  • That a doctor was “incompetent” and “needs more training”
  • That a union officer was “the subject of a long investigation” and a “discredited leader” who had engaged in “underhanded schemes”

These are just examples. Employers find new and creative ways to discredit employees all the time.

What are the damages in a workplace defamation case?

Workers who prevail in workplace defamation cases have won up to $10 million. The amount recovered will vary greatly depending on the offensiveness of the statement, whether it was made with malicious intent, and the actual damages suffered. A workplace defamation lawyer will help you maximize your damages but collecting evidence and proving up the employer’s misconduct.

Contact a Workplace Defamation Attorney Today

King & Siegel LLP’s workplace defamation lawyers are leading voices seeking justice for wronged workers. Our attorneys graduated from top law schools, including Harvard, Columbia, Stanford, NYU, and Berkeley. We are seasoned advocates and fearless trial lawyers who have recovered over $75 million on behalf of wronged workers in just six years.

Contact us today for a free, no-risk case review. We work on a contingency basis and you only pay if we win.

FAQS

What is workplace defamation?

Workplace defamation is a false statement of fact about an employee that is communicated to others and harms their reputation or career. Written defamation is called libel, and spoken defamation is called slander.

What are examples of defamation or slander at work?

Examples include a manager falsely telling others you were fired for theft, a supervisor giving a false negative reference, a coworker spreading a false rumor that you are dishonest or incompetent, or an employer inventing misconduct to justify firing you.

What do I have to prove in a workplace defamation case?

Generally, you must show a false statement of fact (not an opinion), that the statement was published or shared with at least one other person, that it caused you harm, and the required level of fault. Some statements are defamation per se, meaning harm is presumed.

Is internal company gossip enough, or does the statement have to go outside the company?

It can still count. In the employment context, “publication” can be internal, meaning the false statement only needs to be shared with someone else within the company, not necessarily with outsiders.

Are negative job references defamation?

They can be if they include false statements of fact that harm you. However, employers often have a qualified privilege for references given in good faith, which can be overcome if the statement was false and made with malice.

Can I sue my employer for defamation of character?

Yes, in the right circumstances. If your employer or a coworker made a false factual statement about you, shared it with others, and it harmed your reputation or career, you may have a claim, often alongside a wrongful termination or retaliation claim.

How much is a workplace defamation case worth?

It varies widely based on the severity of the statement, whether it was made with malice, and your actual harm. Some workers have recovered substantial amounts, and defamation per se can support damages even without proof of specific monetary loss.

Do you handle defamation cases on a contingency or no win, no fee basis?

Yes. King & Siegel represents employees on a contingency basis, which means no upfront fees and no fee unless we recover for you, and consultations are free.

How long do I have to file a defamation claim?

Defamation deadlines are often short and vary by state, sometimes as little as one year. Because the window can close quickly, it is important to speak with an attorney promptly.