Defamation Per Se — Presumption of Harm

In the realm of workplace defamation claims, the aggrieved employee (or plaintiff) needs to show that the slanderous (spoken) or libelous (written) comments harmed the reputation of the employee.  There are five basic elements to a defamation claim – defamatory content, publication, the statements refer to the plaintiff, with intent, and harm.

However, some statements, because they are so naturally and obviously harmful, are considered per se defamatory.  In defamation per se claims the plaintiff does not have to prove actual injury to reputation because the harm to the plaintiff is presumed.  The plaintiff still has the burden to establish the other four elements even if he does not need to prove harm or damages.  In California, there are four recognized categories of defamation per se statements:

•    the plaintiff committed a crime
•    the plaintiff has an infectious, contagious, or loathsome disease
•    the plaintiff is impotent or “want of chastity”
•    statements which imply that the plaintiff is unqualified to his engage in his profession, trade or business

Many employment defamation cases fall into the last category – statements about the employee’s professional reputation, job performance, or competence.  For example, defamation per se may arise if an employer made statements to individuals, whether inside and outside of the employment setting, that the employee was “incompetent,” “lacking ability” or any statement which implies that the plaintiff cannot perform his employment occupation.  Nonetheless, defamation per se only eliminates the plaintiff’s obligation to prove damages, the other defenses and qualifications to defamation claims still apply.

Read more

The recent $43.25 million settlement by the Walt Disney Company is a stark reminder that even industry giants are not immune to allegations of unlawful pay practices.

Disney Settles Gender Pay Lawsuit for $43 Million, Impacting Thousands of Female Workers

Across industries, workers often face pay disparities that can lead to financial struggles, stress and a sense of injustice. Unfortunately, unequal pay is not uncommon, even at some of the largest and…

READ ARTICLE
The owners of the Radisson Hotel near Oakland Airport are facing a wage theft lawsuit brought by the city of Oakland.

Radisson Hotel in Oakland Sued for Alleged Wage Theft of Over $400K: Key Takeaways for Workers

Fair wages are a fundamental right for California workers. However, unpaid wages continue to affect employees in the hospitality industry and other sectors. Wage theft occurs when employers illegally deny workers the…

READ ARTICLE
Sexual harassment in the workplace is a reality that far too many employees face, and the recent $2.6 million jury verdict against the city of Oakland sheds light on this persistent issue.

Oakland’s $2.6 Million Wake-Up Call: Addressing Workplace Sexual Harassment

Sexual harassment in the workplace is a reality that far too many employees face, and the recent $2.6 million jury verdict against the city of Oakland sheds light on this persistent issue….

READ ARTICLE
A recent case against the American Automobile Association of Northern California, Nevada & Utah (AAA) illustrates the challenges older workers face and the importance of holding employers accountable for discriminatory practices.

Fighting for Fair Treatment: A Closer Look at the AAA Age Discrimination Case

Imagine dedicating decades of your life to a company, climbing the ranks through hard work, building a loyal client base and consistently earning top performance awards, only to find yourself abruptly terminated….

READ ARTICLE
SEEN ON
cnnmoney
marin-ij
dailypost
news10