California Labor and Employment Law

Defamation in the Workplace

Introduction

You hear it all the time: “I’m going to sue you for slander!” “You’ve defamed me, you’re going to hear from my lawyer!” “That’s libel! I’ll see you in court!” Sometimes you’ll read about a celebrity getting big dollars because a newspaper has libeled her.

So what is “slander”? “libel”? “defamation”? And can you sue on them?

Let’s start with an easy one first. Libel and slander are types of defamation. Slander is oral or spoken defamation. Libel is written defamation.

What is defamation?

Now that that’s out of the way, what is defamation? Conventional wisdom holds that it is when someone says something bad about you. But the legal meaning of defamation, the type you can sue on, is much (more…)

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Can I Tape Record My Boss?

Here’s a question I hear every now and then from clients. The answer is: generally, no, you can not legally tape record conversation with your boss or anyone else without their permission or consent. In other words, you can’t do what the FBI does on TV when they put a wire on a snitch and the snitch then tries to trick an unsuspecting mobster into making a damning confession. Why can the FBI while you can’t? They have a warrant . . . or so they should, anyway.

AN IMPORTANT BUT: if you and other person(s) are having a conversation “in a public (more…)

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