Defamation and Loss of Reputation

Damage of Reputation

Libel refers to printed statements, whereas slander covers spoken statements that damage one’s reputation. All parties should remember that truth is a defence to defamation. If an employer makes an intentional misstatement or a reckless misstatement, the former employee can sue for loss of reputation. For an employee to obtain an award of damages for defamation, they must show that the words in question actually referred to them specifically and that the words were “published”, meaning they were communicated to at least one other person. An employer has several possible defences to a defamation claim by an employee. The first is truth – if the statement is true, there can be no defamation. The employer can also claim that the statement was covered by qualified privilege, meaning the employer had a legitimate reason for making the statement and shared it only with those who had a legitimate reason for receiving it. In such a case, the statement will be protected, even if false, if it was made without malice.