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False accusations at work can destroy careers, damage reputations, and make it difficult to find future employment. In some situations, Florida law allows employees to sue employers or coworkers for workplace defamation.
Examples of Workplace Defamation
Workplace defamation typically arises in two common contexts:
- Employer statements to third parties, such as a reference check or discussing the reason an employee was terminated.
- Internal or “employee-to-employee statements,” often in harassment, complaint, or discipline scenarios.
In Florida, defamation involves a false statement of fact about someone that is published to a third party and causes damage to the person’s reputation. More specifically, spoken defamatory statements are called “slander” and written defamation is called “libel.” When defamation happens in the workplace, it can have devastating consequences for employees, from reputational harm to loss of career opportunities.
What do I need to prove to show defamation in the workplace?
Under Florida law, an employee must establish these core components to successfully bring a claim against an employer or individual in the workplace:
- A false statement of fact;
- That is communicated to a third party other than the employee or outside of the company (publication);
- That identifies or refers to the employee;
- With fault of at least negligence (but sometimes actual malice);
- That causes harm (actual, special, or presumed damages).
Damages are often hard to prove. However, Florida law recognizes something called defamation “per se,” which means defamation “by itself.” This applies to statements that are so harmful on their own, such as a false accusation of a serious crime (like theft or fraud) or professional incompetence, that damages are presumed based on the harmful statements themselves without any need to prove specific financial loss.
The employee will also need to overcome significant employer defenses, such as:
- Truth: A true statement, no matter how damaging, is not defamatory.
- Opinion: Pure opinion that does not imply defamatory facts is not defamatory.
- Consent: If the employee consented to the publication, a defamation claim may fail.
- Privilege: Florida recognizes both absolute and qualified privileges.
Common Employer Defenses
Under Florida law, employers have an “absolute privilege” or a complete defense to a defamation claim when the statements were made in judicial or quasi-judicial contexts, such as statements made in the course of litigation or certain administrative proceedings.
Employers may also assert a “qualified” or “conditional” privilege for certain workplace communications. For example, the common-interest or intra-corporate privileges apply to workplace communications where the speaker and recipient have a shared legitimate business interest, such as discussing an employee’s performance or participating in a workplace investigation.
Florida law also gives employers a qualified immunity for reference checks. This privilege is not absolute, and can be lost if the employer abuses it, knowingly provides false information, discloses information in violation of an employee’s civil rights and acts with malicious intent.
What Should Employees Do if They Believe They Were Defamed?
- Preserve emails, text messages, and written communications
- Request copies of disciplinary records when possible
- Document who heard the statements, when they were said, what was said, etc. Keep detailed notes.
- Avoid making public statements your employer may view as retaliatory
- Speak with an employment attorney as soon as possible
Workplace defamation claims can be difficult to evaluate because employers often argue their statements were privileged or truthful. Adding to the complexity, workplace defamation claims often overlap with retaliation, whistleblower, or discrimination issues. Florida employees who believe they have been defamed, or who are facing defamation lawsuits after making complaints, should consult with an experienced employment attorney to understand their rights and defenses.
You can schedule a confidential consultation with Amanda here.
