Decoding Defamation: Understanding the Law and Your Rights

🔍Defamation constitutes a false statement of fact communicated to a third person.

📜Employers can be held liable for defamatory statements made by their employees if in the course and scope of their employment.

🛡️The defenses against defamation include truth and privilege, which protects statements made without malice to people with a common interest.

💼Defamation claims in employment cases often involve statements made in performance evaluations, which are generally considered opinions.

⏰Defamation claims have a one-year statute of limitations in California, so prompt action is crucial.

What is the difference between slander and libel?

—Slander and libel are two types of defamation. Slander refers to spoken defamatory statements, while libel refers to written or published defamatory statements.

How can I prove that a defamatory statement is false?

—To prove that a defamatory statement is false, you would need evidence such as documentation or eyewitness testimony contradicting the statement.

Can an employer be held liable for defamation by an employee?

—Yes, an employer can be vicariously liable for defamatory statements made by an employee if they were made in the course and scope of their employment.

What damages can I recover in a defamation lawsuit?

—The damages you may recover in a defamation lawsuit can include lost wages, punitive damages, pain and suffering damages, as well as interest and costs associated with pursuing the case.

What is the statute of limitations for filing a defamation lawsuit in California?

—In California, defamation claims have a one-year statute of limitations, meaning you must file the lawsuit within one year of discovering the defamatory statement.

00:05Defamation encompasses false statements of fact communicated to a third person.

01:31Slander and libel are types of defamation, with slander referring to spoken defamatory statements and libel referring to written or published defamatory statements.

05:12Employers can be held liable for defamatory statements made by their employees if they were made in the course and scope of their employment.

09:59Defamation claims require a false statement of fact, not opinion, and must be communicated to someone other than the victim.

10:28Defamation claims have a one-year statute of limitations in California, meaning they must be filed within one year of discovering the defamatory statement.