Defamation is a damaging enough problem to deal with in an ordinary situation, but the problem is extraordinary in the workplace. That is because you are dealing with a new set of damages and losses when it happens to you. To goal of properly handling defamation in the workplace is to get the behavior to stop. Yet, you want to keep your job, income, car, home, and life.
A defamation lawyer and workplace harassment lawyer can help you tremendously by knowing how to handle defamation in the workplace.
Cease and Desist
The classic method of launching the solution here is a cease and desist request. The most effective way to do this is with a cease and desist letter from a lawyer. You can also ask the parties to stop on your own and record their responses before you go to a lawyer.
Know Your Rights — Defamation is a Crime in South Carolina
Defamation feels awful for several reasons that go beyond the potential monetary and social losses. Defamation is a crime in South Carolina. It is a crime under Title 16, Chapter 7, and is a misdemeanor.
The penalties are a fine of not more than five thousand dollars and a potential jail term of one year.
Yes, You Can Sue for Defamation
Defamation will result in losses for you. They will be both economic and non-economic, and you can also seek punitive damages for punishment. To be successful, you need to show that:
- The words were defamatory and would lower your reputation in the eyes of a reasonable person.
- The words were definitely about you.
- They were published, which means communicated to at least one other person.
The words also have to be false. If you can show this, then the defendant will have to respond in a way that affirms what they said about you is true. If they can not do that, you will be awarded compensation for your losses.
Contact a Defamation Lawyer Today
When you are wondering how to handle defamation in the workplace, the simplest solution is to get a lawyer. Much of your life centers upon what happens at work. Judges and juries know this. At the Hopkins Law Firm, we can help you stop this behavior and get the compensation you deserve. Call us at 843-894-2377 for a free review of your case.
Are insults and opinions defamatory?
No. Insults and opinions may not be kind or professional in the workplace and could be construed as harassment or be grounds for discrimination. They may not be defamatory, however, if they are framed as opinions. Defamation is framed as a fact.
How long do I have to file a defamation lawsuit?
If you are wondering how to handle defamation in the workplace, you may be thinking that waiting until it cools down, or someone gets fired, because you want to keep your job. In South Carolina, you have two years from the date of the defamation to file a claim. You can wait, but the defamation will stop the sooner you begin legal action.
Does defamation need to be printed for it to be considered published?
No. The word defamation covers both libel and slander. Libel refers to false claims in writing, while slander refers to spoken false claims.