Are all negative statements made about an employee actionable?
Only false statements made to others about an employee are actionable. The statement must be false, nonprivileged, made to persons other than the employee and that either (in the case of a written statement) exposes the individual to hatred, contempt, ridicule, humiliation or which causes the individual to be shunned or avoided or has a tendency to injure him in his occupation; or (in the case of a verbal statement) charges the individual with a crime, loathsome disease, impotence or want of chastity, or tends to directly injure the employee in his occupation. Can employers be held liable for the defamatory statements made by its employees? An employer may be held liable for the defamatory statements regarding an employee made by the employee’s supervisors, co-workers and managers as long as the statement is made in the course and scope of the employment. While some statements between an employee’s co-workers and upper management or prospective employers may be considered privileged co