Defamation in the Workplace: How to Know if You Have a Claim

There is a fine line between a strong opinion and illegal defamation. So, what does defamation look like in the employment law context?

Defamation occurs when someone makes a false statement of fact about another person or business. False statements of fact are the most critical component of defamation. Everyone is entitled to their own opinions, but not their own facts.

For example, in Florida, a former employer can tell a potential employer during a reference check that “so-and-so is not smart.” While this may be a harsh and potentially untrue statement, it is generally considered an opinion. However, if the employer falsely states, “I believe he may have stolen from our cash register,” or accuses you of illegal conduct, that statement could constitute defamation.

Workplace-Related Defamation

In employment law, context is everything when determining whether you have a defamation claim. Another key factor is who received the false statement.

For example, employee-to-employee gossip or discussions generally do not constitute defamation under Florida law, depending on the circumstances. Defamation claims may arise when false statements are communicated outside the workplace, such as when a former employer provides false information during a reference check or an employer publicly posts defamatory information online.

What to Do If You’ve Been Defamed in the Workplace

If you believe you have a defamation claim, it is important to consult an employment law attorney. Florida defamation law can be complex, so consulting an experienced attorney can help you understand your options.

Scott Law Team is a Florida employment law firm with more than 25 years of experience in employment law. Speak with an employment law attorney about your potential defamation claim today.