San Diego Workplace Defamation, Slander & Libel Attorneys
Unfortunately, defamation in the workplace occurs in all industries and occupations. A false or disparaging comment or a malicious performance review can have a serious impact on an employee’s career. Many victims of workplace defamation do not realize that there are legal remedies available to them.
Based on more than 100 years of combined employment law experience, San Diego Employment Attorneys Group provides excellent legal advice and representation to employees who have suffered defamation at work. The firm has assisted thousands of employees, including private sector employees and all types of government employees, in pursuing workplace claims, including defamation.
Since its founding in 1992, the firm has represented well over 5,000 clients, nearly all of whom have had employment law cases.
How Does Our Firm Handle California Workplace Defamation Claims?
California workplace defamation may occur when an employer communicates a false statement that harms an employee’s professional reputation. To establish a claim, the employee must prove that the employer made a false factual statement, shared it with another person without legal privilege and caused resulting harm. The precise language and surrounding circumstances help our lawyers determine whether the employee has a viable California workplace defamation claim.
Is A Negative Reference Slander Or Libel?
Under California Civil Code section 45, libel involves a false, unprivileged statement that is preserved in writing or another fixed form, such as emails and reference letters.
On the other hand, under Civil Code section 46, slander is oral defamation. This may include false accusations made during a telephone reference check.
How Can An Employee Prove Economic Damages?
Proving economic damages requires more than showing that a negative reference occurred. We must connect the defamatory communication to an identifiable financial loss. Evidence may include:
- A withdrawn employment offer
- Notes from the prospective employer’s reference check
- Rejection emails or recruiter communications
- Salary and benefits information for the lost position
- Records documenting unemployment or reduced earnings
- Evidence that other employment opportunities were affected
These records allow our firm to calculate lost wages and possible future earning losses. We may also work with vocational or economic professionals when the statement has caused long-term career damage.
Can The Common Interest Privilege Be Overcome?
California Civil Code section 47(c) provides a common interest privilege for certain employment references. This conditional protection applies when a former employer provides requested job-performance information to a prospective employer without malice. We may challenge that privilege with evidence showing:
- The employer knew the accusation was false
- Personnel records contradicted the negative statement
- The employer lacked reasonable grounds for believing the accusation
- The reference was motivated by hostility or retaliation
- The statement was shared with people who had no legitimate interest
Our defamation attorney in San Diego evaluates the available records to determine whether the employee may pursue compensation.
Defamation Of Character, Workplace Slander And Other Forms Of Defamation
If you are an employee, a documented form of possible defamation such as an improper written warning, an unwarranted negative performance review, or negative statement about you to others can follow you for the rest of your career. The lawyers at San Diego Employment Attorneys Group understand how harmful defamatory statements can be for employees, and our attorneys aggressively work to rectify these matters and prevent the negative consequences that often result.
Call For A Free Consultation
If false statements by an employer or co-worker have damaged your career or cost you a job opportunity, contact our San Diego workplace defamation lawyers at San Diego Employment Attorneys Group via 619-528-2530 today for a case evaluation.