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Defamation and Workers Compensation

Defamation in the workplace is defined by two common formats: libel and slander. Libel is when false statements are printed or written about someone to dishonor them. Slander is similar, but involves spoken words. The workers compensation law dictates that this form of retaliation is unlawful. 

Defamation Claims

To pursue a defamation case, the statement must:
  • be false
  • discredit the character of another
  • have been heard or read by another person
  • resulted in damages to the plaintiff

When Defamation Occurs 

In the area of employment, most cases of defamation are found in conjunction with discrimination allegations. Defamatory statements are most often found when disputes arise between employees and employers. These situations include:
  • termination, or the period following it
  • disciplinary actions or hearings
  • performance evaluations
  • conflicting ideas on job retention 
As mentioned above, defamatory statements may be made following an employee's termination. In the case of workers' compensation claims, this includes falsely relaying the events leading up to your injury or the remedy agreed upon. False statements can compromise benefits or jobs you may be eligible for in the future, so protecting yourself against defamation is an important consideration in a settlement.

Workers Compensation Release 

Signing a workers' compensation release may waive your right to file a suit against a former employer if they make false statements about the terms of your employment. These statements can include drug and alcohol use, incompetency on the job, or criminal activity. If a person is trying to find a new job, and the former employer mentions any of these behaviors, it put the chances of getting that job in serious jeopardy.
 
If false things have been written or said about you by an employer and are now seriously affecting your employment or personal goals, contact the Coye Law Firm. Our experienced workers compensation attorneys can help to craft a workers' compensation settlement to fit your needs or pursue justice in your defamation claim. Call our offices today.
 
 
 

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