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Defamation › Wrongful Termination

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 -
CDF Labor Law LLP

Intersection Between Defamation and Wrongful Termination Claims - California Court of Appeal Provides Clarification

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Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more

ArentFox Schiff

Illinois Appellate Court Declines to Extend Crime-Fraud Exception To Defamation Claims

ArentFox Schiff on

Allegations of defamation and conspiracy to defame alone are insufficient to establish the crime-fraud exception and defeat the attorney-client privilege, the Illinois Appellate Court recently held. In MacDonald v....more

Barnea Jaffa Lande & Co.

Substantial Damages to an Employee for Unlawful Termination and Defamation

Barnea Jaffa Lande & Co. on

The Tel Aviv Labor Court recently awarded ILS 250,000 in damages to a longtime employee due to unlawful termination and defamation.   The court accepted, for the most part, the lawsuit from a 65-year-old employee who had...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

Zuckerman Spaeder LLP

Court Decides That CNN Producer’s Discrimination Claims Are Not “Fake News”

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Can a news organization avoid a discrimination claim by arguing that it was exercising its First Amendment right to choose who writes the news? That’s the question that the California courts have been grappling with in...more

Proskauer - California Employment Law

Defamation and Wrongful Termination Claims Against the Los Angeles Times Were Properly Dismissed

Proskauer - California Employment Law on

Rall v. Tribune 365, LLC, 2019 WL 6887261 (Cal. Ct. App. 2019) - Frederick Theodore Rall III, a political cartoonist and blogger, sued the Los Angeles Times after it published a “note to readers” and (later) a more...more

Winstead PC

Texas Court Compels A Limited Partner’s Employment And Defamation Claims To Arbitration Due To The Partnership Agreement’s...

Winstead PC on

In Gray vs. Ward, Ward and Gray started a limited partnership where Ward was a limited partner and Gray was a limited partner and the manager of the general partner. No. 05-18-00266-CV, 2019 Tex. App. LEXIS 6992 (Tex....more

Miles & Stockbridge P.C.

Avoid Buyer’s Remorse Over EPLI Coverage

Miles & Stockbridge P.C. on

Many employers purchase Employment Practices Liability Insurance (EPLI) to insure against loss as a result of employment claims. However, employers who do not carefully read their policies could be surprised by what is (or is...more

Payne & Fears

Key California Employment Law Cases: July 2019

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This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Proskauer - California Employment Law

LA Times Wins Lawsuit Against Former Freelancer

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The California Court of Appeal affirmed dismissal of a former freelancer’s defamation and employment-related claims against the Times. Frederick Theodore Rall III, a political cartoonist and blogger for the paper, brought...more

Proskauer - California Employment Law

Another Gargantuan California Verdict… This Time for $18.6 Million

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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

Fisher Phillips

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

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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

Proskauer - California Employment Law

California Employment Law Notes - January 2018

Proskauer - California Employment Law on

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Seyfarth Shaw LLP

Management Alert: Texas Supreme Court Rules That There Is No Cause of Action For “Compelled Self-Defamation” In Texas

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Seyfarth Synopsis: Compelled self-defamation claims most commonly occur in the wrongful termination context, when plaintiffs allege they are required to defame themselves to prospective employers because they are required to...more

Littler

Canada: Ontario Superior Court of Justice Finds Against Employee in Negative Job Reference Dispute

Littler on

In a lawsuit involving both wrongful dismissal and defamation, Canada's Ontario Superior Court of Justice in Papp v. Stokes et al, 2017 ONSC 2357, has ruled that an employer’s negative review of an employee’s attitude during...more

Burr & Forman

South Carolina court says 'NO' to employee's claims against Boeing

Burr & Forman on

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

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$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Zuckerman Spaeder LLP

A Closer Look at the New Lawsuit By Baylor Football Coach Art Briles

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It’s been a tough few months for Baylor football and its former coach Art Briles. Baylor fired Briles in May of this year, after an outside law firm investigated the school’s response to alleged sexual assaults by football...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Whether Defamatory Statements Constitute Libel Per Se

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Bass, Berry & Sims attorney Chris Lazarini discussed a case where defendant carried out a personal vendetta against the plaintiff following plaintiff's report against defendant for violations of securities laws. Following...more

Constangy, Brooks, Smith & Prophete, LLP

As The Rotunda Turns . . . Affair, Coverup, Retaliation — And Lawsuit Against State House

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You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats back....more

Butler Snow LLP

Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower

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With whistleblower lawsuits on the rise, what options do companies have when faced with a whistleblower of their own. Can a company turn the table on a whistleblower who wrongfully accuses the company of bad acts? ...more

Fisher Phillips

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

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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

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 2

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It is easy to see how this applies to your straightforward defamation case assuming the defendant engaged in the “exercise of the right of free speech” which means “a communication made in connection with a matter of public...more

Proskauer - Corporate Defense and Disputes

Texas Supreme Court: Companies Shielded from Defamation Claims for Statements in Internal Investigation Reports

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Last week, the Texas Supreme Court joined the majority of jurisdictions in holding that a company enjoys an absolute privilege when providing the Department of Justice (DOJ) with an internal investigation report containing...more

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