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Defamation Employer Liability Issues Employment Litigation

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Sheppard Mullin Richter & Hampton LLP

Court of Appeal Holds an Employee Cannot Recover Damages for Defamation Related to a Wrongful Termination Claim

The California Court of Appeal issued an important decision clarifying that an employee cannot recover damages for a defamation claim that is derivative of a wrongful termination claim. Defamation causes of action are often...more

Miller Nash LLP

Trials by Social Media and How Employers Can Respond

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Social media has been extensively used, and abused, since its inception. For all the beneficial and valid uses of social media, there is a seemingly equal number of improper, illegal, and even criminal uses. Employers have...more

CDF Labor Law LLP

Intersection Between Defamation and Wrongful Termination Claims - California Court of Appeal Provides Clarification

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Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more

FordHarrison

EntertainHR: BTS of “It Ends With Us”: Speaking out on Social Media

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Happy Holidays and Happy New Year! If you’re anything like me, you spent your holidays watching “It Ends With Us,” a romantic drama film based on Colleen Hoover’s best-selling novel, and catching up on the Blake Lively v....more

Ius Laboris

Can you be fired for sending private messages about colleagues?

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The German Federal Labour Court has clarified the rules on when an employee who makes offensive comments about colleagues in a private chat can be dismissed. According to a recent decision of the German Federal Labour...more

Littler

Ontario, Canada Appeal Court Decides Findings of Workplace Investigation Were Not Defamatory

Littler on

In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario (OCA) upheld the dismissal of a defamation action under s. 137.1 of Ontario’s Courts of Justice Act (CJA). The decision provides guidance...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

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Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Hogan Lovells

Employment Newsletter: collective redundancies; maternity dismissals; reconciliation

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New arrival – proposals to extend redundancy protection for parents - The government is consulting on whether to extend redundancy protection for pregnant women and new parents....more

Nutter McClennen & Fish LLP

Writing for Law360, David C. Henderson Examines Employee Defamation Claims

David C. Henderson, a partner in Nutter’s Litigation Department, wrote an article about the complexities of defamation claims in Law360. In the article, “3 Key Points About Mass. Employee Defamation Claims,” David noted that...more

Seyfarth Shaw LLP

The Fourth Circuit Reiterates that Employers’ Exposure to Vicarious Liability is Not Boundless

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Seyfarth Synopsis: The Fourth Circuit has issued a reminder of the boundaries of employer liability for defamation where there is no nexus between the employee’s offensive speech and the individual’s workplace...more

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