Defamation in the Workplace

Kathy Carlson

Tackling a critical issue like defamation is far to complex to be covered in one issue of a monthly newsletter. That's why we created HR Executive Special Reports.

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About the Report
He said, she said. Who said what? And can your company be liable for it? With all the talk that goes on in the workplace, your company could be at risk. A good grasp of defamation issues can help your organization prevent nasty lawsuits. This report will examine defamation issues in the workplace and offer specific strategies for prevention.

Understanding what constitutes defamation, libel, and slander can save your organizations millions in litigation costs. What employees say — and how they say it — affects every aspect of an organization, from negotiating formal agreements to resolving everyday workplace hassles. By addressing and improving workplace language, you may well be able to lower the pace of litigation involving your organization.

Defamation in the Workplace will help you define defamation and will offer specific strategies for prevention, as well as:

• The crucial difference between uttering "unflattering opinions" versus false statements
• How to implement signed releases to protect your organization
• How to handle requests for job references and the dos and don'ts when obtaining references
• When background checks can lead to defamation claims and when the Fair Credit Report Act (FCRA) and the Fair and Accurate Credit Transactions Act (FACT) applies
• How to conduct legally sound performance appraisals and discipline procedures
• How to avoid defamation during your hiring and firing procedures
• The types of on-line communication that can land you in legal hot water

Table of Contents:

1. DEFAMATION BASICS
What Is Defamation?
False Statements vs. Unflattering Opinions
False Statement Must Be About the Employee
Loose Lips Sink Ships
Injury to Reputation

2. PRIVILEGES AND OTHER DEFAMATION DEFENSES
The Privilege Defense
Who Needs to Know?
Specific Privileges
Signed Releases and Other Defenses

3. JOB REFERENCE REQUESTS
The Reference Dilemma
Handling Requests for References
When You Must Speak Up
Obtaining References

4. BACKGROUND CHECKS
When FCRA Applies
What FACTs Must Be Disclosed?
Dispose of Problems

5. PERFORMANCE APPRAISALS, DISCIPLINE, AND FIRING
Performance Appraisals and Discipline
Termination and Defamation

6. INTERNAL INVESTIGATIONS AND DEFAMATION
Before the Investigation Begins
How to Investigate
Post-Investigation Issues
Additional Recommendations

7. DEFAMATION AND THE INTERNET
General Policies on Electronic Communication
Blogs and Defamation
What About E-Mail?

8. SPECIAL SITUATIONS: UNIONS, PUBLIC EMPLOYERS
Preemption
Protected Concerted Activity
Bottom Line

9. INFORMATION SECURITY, PRIVACY, AND RELATED ISSUES
Invasion of Privacy
Sensitive Information
Applicable Laws
Good Practices on Information Security

APPENDIX
Defamation Crash Course
Sample Policy on Pre-Employment Drug Screens
Sample Policy on Obtaining
Background and Reference Checks
Sample Policy on Employment Records
Sample Policy on Telephone Monitoring
Sample Policy on Use of E-Mail and Voice Mail
Sample Policy on References
Second Sample Policy on Providing References
Sample Employee Consent to
Publication of Performance Appraisal
Sample Release for Drug and Alcohol Testing
Sample Release for Performing
Reference Checks on Job Applicants

And there's so much more. Order your report today and learn how to avoid situations that can lead to defamation claims