Defamation: When False Statements Damage Your Reputation
Defamation is a false statement of fact, communicated to someone else, that harms your reputation. Written defamation is called libel; spoken defamation is called slander. At work, it can look like a false accusation of theft passed around to coworkers, or a false statement to a prospective employer. We review defamation matters in New York and Connecticut, often where they arise from an employment relationship.
What a Claim Generally Requires
- A false statement of fact: true statements and pure opinion are generally not defamation. Truth is a complete defense.
- Publication: the statement was communicated to at least one other person.
- Fault: at least carelessness; public figures must show the speaker knew the statement was false or recklessly disregarded the truth.
- Harm: some statements, such as falsely accusing someone of a serious crime or of misconduct in their trade or profession, are treated as harmful in themselves. Others require proof of financial loss.
Defenses and Risks to Know
Some statements are privileged. For example, statements made in court proceedings are generally protected, and New York recognizes a qualified privilege for good-faith communications between people with a common interest, such as some employer references. New York’s anti-SLAPP law (Civil Rights Law §§70-a and 76-a) can require a plaintiff to pay the defendant’s legal fees if a suit over speech on a matter of public interest lacks a substantial basis. A careful review before filing matters.
Act Quickly
Defamation deadlines are short. In New York, a defamation claim generally must be brought within one year of publication (CPLR 215(3)). In Connecticut, the limit is generally two years (General Statutes §52-597). Save copies of the statement, note who heard or saw it and when, and get advice promptly.
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is general information, not legal advice.