Get an Experienced Workplace Defamation Lawyer
A good professional reputation is important to anyone’s career. It is directly linked to their ability to gain employment and climb the ladder to success.
However, there are instances when communications can circulate around the workplace and within an industry that can harm a worker’s reputation. If these communications are false, they can be defamatory and the person responsible may be at fault for damages under a court of law, whether they intended to bring harm or not.
If you have been a victim of defamation, you need an experienced defamation lawyer on your side. The Hopkins Law Firm has a team of Charleston, South Carolina attorneys with years of experience in employment law. Read on to find out how they can help protect your reputation.
What Actions Are Considered to Be Defamatory?
To collect damages for defamation, you must prove the following:
- That a false defamatory statement was made
- That the statement was unprivileged and published to a third party
- That the statement caused harm or was extremely defamatory
- That the accused party is at fault
What are the Types of Defamation?
There are two types of defamation. These are as follows.
- Slander: This is a verbal defamatory statement.
- Libel: Libel is a written defamatory statement.
In both types of defamation, the statement must have been published. This means it was communicated through written media outlets such as newspapers, magazines, and blogs. However, oral remarks can also be published.
The speaker must refer to the victim in a defamatory statement. The speaker may not call the victim by name, but if their communication strongly hints that they are referring to the victim, they may be accused of defamation. This is because compensation is meant to cover damages whether the defendant intended to cause harm to the victim or not.
Does My Employer Have Any Defenses?
If you feel your employer made defamatory statements against you, you should be aware that there are four commonly recognized defenses to defamation. These include the following.
There are two types of privilege an employer may use as a defense against defamation. The first is absolute privilege. This means your employer will be completely absolved of charges even if he or she published the statement with ill will. This will come into play during official proceedings, like lawsuits, background checks, and other government legal events.
The other type of privilege is a qualified privilege. Your employer will be absolved through qualified privilege if he or she made statements without ill will. This will be the case if your employer is conducting an evaluation, appraisal, or investigative report or if they are engaging in procedures regarding discipline or termination.
An employer is also protected by absolute privilege if an employee allows his or her superior to make the statement in question.
A truthful statement would not be considered defamatory under any circumstances.
No matter how harsh an opinion may be, it can never be defamatory. If a statement is proceeded by the words ‘I think’ or “I felt’ it is an opinion, and the alleged victim will not be able to go after the speaker in a legal forum.
What Kind of Compensation Can I Get in a Workplace Defamation Case?
The kind of compensation you may get in a defamation case can vary depending on the circumstances. Here are some damages you may be able to recoup:
Also known as compensatory damages, actual damages include all losses the victim incurred due to the defamation. Lost wages, business income, trade, or property would all be considered actual damages.
Actual damages can also cover emotional pain and suffering. These may be difficult to put a monetary value on, but your lawyer will use his or her years of experience to come up with an amount that is fair.
Punitive damages are meant to punish the defendant for malicious behavior in the hopes that they do not partake in similar actions in the future. To receive punitive damages, the victim will have to prove the defendant committed fraud and acted with excessive malice.
The Hopkins Law Firm Can Represent You in Your Charleston, South Carolina Workplace Defamation Case
If someone made a defamatory statement against you, you have the right to take action. If you have an experienced lawyer on your side, you will be more likely to receive the compensation you deserve.
The Hopkins Law Firm has over thirty years of experience in Charleston, South Carolina employment law. They will review your case and let you know what you are looking at in terms of damages and expenses. They are known for their transparency and if they think you have a case, they will fight tirelessly to see to it that justice is served.
Your professional reputation means a lot. Do not let someone else’s words keep you from being a success. Call the Hopkins Law Firm to schedule a free consultation. They will help you move forward with your life and your career.Schedule Your Free Consultation
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Don’t discuss your injury case with the other party or with the insurance company until you have a powerful legal advocate on your side. Call us at 843-894-2377 or reach us by email. Our team offers a free consultation and won’t charge attorneys’ fees unless we help you recover money in a settlement or trial.
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Contact Hopkins Law Firm, LLC, at 843-894-2377. If you would like more information about your specific case, you can meet with an attorney from our Charleston team. We will listen to your story, let you know what we can do, and how we can help. You may also email us with a detailed description of your case and we will reach back out to you. We are your local attorneys and we are here to help.