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Defamation › Hiring & Firing › Employer Liability Issues

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 -
Epstein Becker & Green

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

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Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

Tucker Arensberg, P.C. on

Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Haug Partners LLP

Ninth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements

Haug Partners LLP on

On March 2, 2021, the United States Court of Appeals for the Ninth Circuit will hear oral argument in a case that could test the boundaries of mandatory arbitration, and determine whether employees can be tethered to...more

Proskauer - California Employment Law

Employee Entitled To $17.2 Million For Wrongful Termination/Defamation

Proskauer - California Employment Law on

King v. U.S. Bank Nat’l Ass’n, 52 Cal. App. 5th 728 (2020) - Timothy King sued his former employer for defamation, wrongful termination in violation of public policy, and breach of the implied covenant of good faith and...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

Constangy, Brooks, Smith & Prophete, LLP

Six Legal Traps For "Red State" Employers

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Even if your state is "easy," don't relax. It seems like all we ever read about is those more activist "blue states" -- California, Illinois, Massachusetts, New Jersey, New York . . . If you're an employer in a more...more

BakerHostetler

"A to Z" of What California Employers Need to Know for 2019

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With the new year comes new laws that affect California employers. The following is the “A to Z” of changes in law that may affect your business in 2019....more

Vedder Price

Ringing in the New Laws: 2019 California Employment Roundup

Vedder Price on

As 2018 draws to a close, California employers have a busy new year ahead of them with expanded legal obligations. SB 1300 – Sexual Harassment Omnibus Bill—Under SB 1300, employers may now be held responsible for the acts...more

Nutter McClennen & Fish LLP

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

Nutter McClennen & Fish LLP on

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

Maynard Nexsen

Silence Can Be Golden: Avoiding Workplace Defamation Claims

Maynard Nexsen on

Picture a typical Monday at your business. Your employees are working hard on their first day back from the weekend. The phone rings. On the other end is the manager of another business in town seeking a reference for an...more

Mintz - Employment Viewpoints

New California Law Extends Defamation Privilege to Communications Related to Sexual Harassment Claims and Investigations

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California Governor Jerry Brown recently signed into law A.B. 2770, creating new protections for employers, witnesses, and complainants from defamation lawsuits related to making, assisting, or discussing good-faith sexual...more

Proskauer - California Employment Law

Another Gargantuan California Verdict… This Time for $18.6 Million

Proskauer - California Employment Law on

A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed. Michael Tilkey worked for Allstate Insurance for 30 years and was fired from...more

Davis Wright Tremaine LLP

California Enhances Protection for Employers Against Defamation Claims by Alleged Sexual Harassers

Davis Wright Tremaine LLP on

California recently passed legislation intended to provide enhanced protection from defamation claims by alleged sexual harassers against employers who have terminated them, and against victims who have accused them of...more

Fox Rothschild LLP

Increased Protections For Employers Answering Reference Requests

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Maybe Governor Jerry Brown read my January blog post on references because, last week, he signed AB 2770 into law. Effective January 1, 2019, employers are protected by an expanded privilege when giving an employment...more

Proskauer - California Employment Law

New California Statute Shields Victims/Employers from Defamation Claims

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California Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code. The bill should protect both sexual harassment victims and employers...more

Amundsen Davis LLC

So Here’s What I Think About That Former Employee…

Amundsen Davis LLC on

Unless we have been living under a rock for the last few weeks, it is likely that we may have wondered if former FBI Director James Comey could sue President Trump for defamation. Indeed, President Obama’s former Ethics...more

Fisher Phillips

A Step-By-Step Guide To Terminating Employees For Theft (Part One)

Fisher Phillips on

There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016,...more

Fisher Phillips

Sexual Harassment Dominates California Legislation in 2018

Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

Fox Rothschild LLP

Texas Does Not Recognize Self-Publication Defamation

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The Texas Supreme Court has rejected the theory of defamation by compelled self-publication. Say what? you ask? Compelled self-publication occurs most often in the employment context, where a terminated employee is...more

BakerHostetler

Employee Reference Releases: Who’s In and Who’s Out?

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A recent Indiana defamation case, Manhas v. Franciscan Hammond Clinic, serves as a critical reminder of the importance of scrutinizing physician and employee reference forms and releases. Dr. Sheila Manhas and Franciscan...more

Dorsey & Whitney LLP

Quirky Question #285: Potholes on the Ethical “High Road”

Dorsey & Whitney LLP on

Question: We learned that some of our employees may have been engaging in unethical, and perhaps even illegal, behavior. We don’t tolerate this, so we hired a law firm to conduct an investigation, and based on the results...more

Fisher Phillips

Be Careful What You Say: Allegations Of Worker Misconduct Might Be Defamation

Fisher Phillips on

Healthcare institutions have a moral and legal obligation to promote patient safety as an essential component of patient care. Supervisors and managers must be supportive of their staffs while remaining vigilant about the...more

Bennett Jones LLP

Ghomeshi Claim Faces Significant Challenges

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The controversial firing of former CBC radio host and personality Jian Ghomeshi has captured the public’s attention in recent days for many reasons, most of which have nothing to do with the law. In terms of the legal issues...more

Proskauer - Law and the Workplace

FCRA Preempts Tortious Interference Claim, Says NJ Court

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The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background...more

Pullman & Comley - Labor, Employment and...

Lies and Unemployment Compensation Proceedings – You Cannot Get Sued Again

Pullman & Comley - Labor, Employment and... on

A typical part of a contentious employment termination matter is the inevitable unemployment compensation claim. While a multiplicity of claims may emanate from the ugliness of job separation, the Connecticut courts...more

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