New Jersey has seen a recent rise in defamation actions filed against employers following wrongful termination. No employer should publicly make false or defamatory claims about a former employee, whether as a pretext for discriminatory discharge or otherwise. Not only can it cause serious harm to the former employee’s personal character, but it can also grievously hurt the former employee’s career and future livelihood.

If an employer has made false, reckless, or negligent statements, causing a former employee to lose their future job prospects, then the employer could be held liable to the former employee for money damages arising from defamation.

The right legal approach will provide the trial court with sufficient evidence to support the plaintiff’s claims on liability and damages.

If you believe you are the victim of wrongful dismissal or defamation, call or write us to arrange a reduced fee initial consultation. If you have a valid claim, we will do our best to clear your name, vindicate your reputation, and obtain the monetary justice you deserve.

What is Defamation?

Defamation occurs when an employer makes a false statement publicly and causes harm to a former employee’s reputation.  A public statement could be made in writing or expressed by word of mouth.  A written publication is also known as libel and an oral comment to someone other than the employee is also known as slander.

New Jersey courts deem the following as defenses to a defamation claim:  substantial truth, fair reporting privilege, opinion, and fair comment privilege.

What is the Statute of Limitations on Defamation Claims?

If you are an employee considering filing a defamation claim, it is important to consider that these types of claims are time-sensitive.  There is a one-year statute of limitations that begins when the defamatory statement is made to a third party.  If there are multiple publications, the statute begins to run on the date of the most recent one.  If the publication occurred on the internet, a single publication rule will be applied, from the date of the first posting. Since this statute only gives employees a year to file their claim, hiring qualified representation in a timely manner is highly suggested.

How do you Prove a Defamation Case?

Plaintiffs in defamation cases should hire a skilled lawyer to represent them.  Legal counsel must prove four important factors:

1. The employer’s false  and harmful statement;
2. The employer’s knowledge of the false and harmful statement;
3. The employer’s sharing the false and harmful statement with a member of the public; and
4. Harm that the employee has actually suffered as a result of the false statement.

In 2012, the New Jersey Supreme Court limited compensatory damages for defamation claims.  In reaching its decision, the Court distinguished among actual, punitive, and presumed damages in defamation suits. Actual damages may include harm caused by “impairment to reputation and standing in the community,” along with personal humiliation, mental anguish, and suffering that flows from reputational injury. Compensatory damages, whether special or general, depend on proof of actual harm, demonstrated through competent evidence.  No compensatory award may be based on presumed damages.

Conclusion

The right legal approach will provide the trial court with sufficient evidence to support the plaintiff’s claims on liability and damages.
If you believe you are the victim of wrongful dismissal or defamation, call or write us to arrange a reduced fee initial consultation. If you have a valid claim, we will do our best to clear your name, vindicate your reputation, and obtain the monetary justice you deserve.