Real World Example of Work Place Defamation
I was reading the Ohio Employer's Law Blog and found this great post regarding a workplace defamation case. They actually had the email quoted that contained the so-called defamation. Here it is.
It is with sincere regret that I must inform you of the termination of Alan Noonan’s employment with Staples. A thorough investigation determined that Alan was not in compliance with our [travel and expenses] policies. As always, our policies are consistently applied to everyone and compliance is mandatory on everyone's part. It is incumbent on all managers to understand Staples[’s] policies and to consistently communicate, educate and monitor compliance every single day. Compliance with company policies is not subject to personal discretion and is not optional. In addition to ensuring compliance, the approver’s responsibility to monitor and question is a critical factor in effective management of this and all policies
The Court in that case held that the email above could amount to defamation even though the statements are true. Alan Noonan did violate the travel and expense policy. I generally sympathize more with employees, but even I am amazed that this email could get a company in trouble. It is all true and the company seems to be making it clear that they want people to follow their policies. That is what a good company should do. But the company, Staples, could be in trouble if a jury finds that the email was sent out only to embarass Mr. Noonan. Employers need to be very careful about what they say and employees should know that court's will help them protect their reputations.
Really nice information.. Most people are honest, but realistically, there will always be a certain number of bad actors who game the system and slackers who only make a half-assed effort. Employers have incentives to downplay injuries on their job sites. A high injury rate makes a company look bad. Ohio Employer's Law Blog is a great post.