Defamation is when a party makes a false statement about someone else that injures their reputation or causes them other harm. If the statement is merely someone’s opinion, which is not based in fact and cannot be verified, they have no claim for defamation. There are two forms of defamation: slander, and libel. If the statement is in writing, it is libel. If it is spoken, it is slander.
Defamation is commonly raised in employment cases when a former employer provides a negative job reference to a prospective employer. Even though employers have a “qualified privilege” when they respond in good faith to a prospective employer’s specific inquiries, there are limits. Generally, a former employer cannot knowingly or negligently communicate a false statement or have malicious intent.
Similarly, in cases where an employee believes their performance review contains false information, they could raise a defamation claim. The same principles apply: the alleged defamatory statement must be a false statement of fact, like “he is late for work every day.” The statement cannot be merely someone’s opinion such as “I thought he was negative” or “her writing style was poor.” These are opinions and do not constitute a defamation claim.