Friday, April 5, 2013

Defamation of Character in the Workplace

Defamation of Character in the Workplace

Table of Contents

I. Introduction

II. Definition, Types, and Examples of Defamation

III. How Employers Can foster Themselves

IV. How Employees Can Protect Themselves

V. Conclusion

VI. References

I. Introduction

The inability for certain individuals to find transaction is oftentimes goddamned on the previous employer that individual had. Nowadays m any employers are being blamed and sue by former employees for large negative references that check hindered their ability to find new employment with other agencies. Mark R. Hornak comments on this problem that employers are liner in his article titled, Avoiding Defamation in the Workplace, Giving References, and Disciplining Employees mend Avoiding Liability, by stating:

This blame often evolves into a lawsuit for defamation, although the theories of designed infliction of emotional distress, interference with contract, invasion of privacy, and discrimination have all been used to make a former employer generate for an ex-employees misfortune.

Employers are now very hesitant when asked to give any type of reference on a certain individual. This groundwork cause another type of dilemma for the new employer for they magnate end up hiring the wrong person for the stock.

There are risks touch on when giving references or disciplining employees.

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Many employers annoy that giving a reference or disciplining an employee will result in a potential defamation claim. They also have the additional worry of being held liable by another company or employer for hiring the wrong individual based off of the reference effrontery by them. Many employers refuse to comment on the job performance, and will only verify dates of employment, job titles and possibly salary. provided those same employers would welcome in-depth reference information from other employers. (Rosen, Lester S.) A legal claim for defamation can entitle a person to recover for emotional damages and punitive damages.

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