Can an employer be held liable for slander if they say you did something without having proof?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer be held liable for slander if they say you did something without having proof?
I recently received my annual performance review and I learned that on several occasions during the performance year, I created an atmosphere of communicating in a combative manner towards management and other co-workers. My manager stated that my demeanor and tone changes when I become frustrated or disagree with something that has happened in the HR department. My manager went on to say that I would have to take a communication training course through the company’s EAP service. EAP has to deal with depression, anxiety, eating disorders etc. If I don’t contact EAP, my bonus will be withheld.
Asked on September 19, 2011 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Defamation is the public making--so to third parties; not just to you--of an untrue statement of fact--not an opinion--which damages a person's reputation.
From what you write, it is unlikely you have a claim for defamation (slander, which you inquire into, is oral or spoken defamation, while libel is written defamation):
1) Saying that you create an atmosphere of communicating in a combative manner, or that your demeanor or tone changes, is an opinion; it is not a factual statement. (A factual statement in a work context would be claiming that you clock in late when you don't, or stole something, when you didn't; these are facts that can be proven one way or another, not a person's interpretation or opinion as to your conduct). Opinions are not defamation, even if they are hurtful.
2) If the manager only said it to you, that is not defamation; there is no law against saying negative things, even negative untrue facts, directly to a person. It is only when negative untrue facts are stated to others that there may be defamation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.