We have all heard this saying before: Sticks and stones may break my bones, but words will never hurt me.
But is this true? Are words truly harmless?
According to the law, words can be harmful. Words carry weight. They matter:
As you may have noticed, the other words associated with the definition are libel and slander. Libel is defined as the written defamation of character (through either publication, picture, or effigy). Slander is defined as the oral defamation of character (through spoken word).
So, what is a defamatory statement and how does it correlate to labor and employment law?
Different states have different rules regarding what is defamation. In the state of Florida, in the context of a workplace environment, defamation can only be defamatory if it injures someone’s character. A defamatory statement is only illegal when it is communicated to a third-party, not to the individual. A false positive statement like a compliment that is not true, is not a defamatory statement.
In order to prove defamation an employee needs to prove two things: That the statement was made with extreme negligence, knowing that it might be false, and that the statement has injured them in some way, either financially or emotionally. There must be overwhelming evidence that an employer knowingly committed to the false statement, that their actions were legally harmful. This is especially true when it comes to public employees. Public employees like public officials, or even public-school teachers, are also often afforded additional immunity. However, depending on the speech and the speaker the immunity may be absolute or limited.
In our recent blog we mentioned that employers do not commit defamation when providing a negative reference about an employee. As long as the information provided by an employer is fair and accurate, an employer can provide an unfavorable reference about a past employee based on a reasonable opinion of the job performance or conduct.
If you have questions about defamation in the workplace, please call us. Often an inquiry about a potential defamation claim reveals additional claims, counterclaims, and opportunities for policy improvement. We can help.