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.  

Workplace Slander and Defamation Suits Take Off

A person's reputation in the job market has never been more important. If false statements about an employee's skills or integrity are circulated, then obtaining a new job will be next to impossible. That is one reason why workplace defamation suits are increasing. Technology is another factor fueling the fire because false statements can quickly be distributed through e-mail or networking sites like twitter, facebook, and linkedin or through on-line employee screening services. See today's article in the National Law Journal "Workplace Defamation Suits Rise," by Tresa Baldas. Recent cases have been based on the following facts: 1. Employer submitting unfounded theft accusations to an industry wide employee screening company. These false accusations caused the employee to be blackballed from his industry. 2. Employer sending out email to 1,500 employers stating that manager was fired for violating the company expense and travel policy. Even though the statement was true, the court allowed the case to proceed because the e-mail was intended to humiliate the employee and the employee was identified by name in the e-mail. 3. Law firm sued for issuing a press release stating that a partner had been fired for "extremely inappropriate personal conduct." We will be seeing more of these cases as employees need to protect their reputations.