Defamation at Work

Defamation at work occurs when employers, customers or co-workers publish false statements of fact, without legal privilege to do so, that harm the reputation of employees. A negative employment references can prevent an employee from getting a new job, for example, and would amount to defamation if false, but employers have a "qualified privilege," or a defense to defamation claims for employment references. The qualified privilege protects employers from verdicts for false and harmful references, as long as the employer did not act with malice when it made the false reference. 

Defamation defined

Each state has its own test for proving defamation at work. Generally, though, defamation at work means: 

  1. an employer, co-worker or customer made a false and harmful (defamatory) statement,
  2. about an employee or former employee,
  3. that it published, without privilege, to a third party,
  4. with fault of at least negligence (carelessness), and 
  5. either caused actual harm to reputation, or the defamatory statement is of a nature that the law presumes it to have caused such harm.

Opinions and the Innocent Construction Rule

Defamation requires an untrue statement of fact. Opinions are not facts, so defamation claims based solely on unfavorable opinions will fail. The statement that an employee "seemed shifty" expresses an opinion, while the employee "stole from me" is a statement of fact.  

If a factual statement has two meanings, one innocent and one defamatory, courts can adopt the innocent meaning and reject the claim for workplace defamation. For example, saying that detectives are questioning an employee about a suspected theft could imply that the employee is a suspected thief, or a witness to a theft.  In that case, the court can conclude that the statement meant the employee was a witness and find that the statement is innocent.

Publication to a Third Party

Defamation at work requires publication of the false statement to a third party. As a result, supervisors do not defame employees by telling only them that they did something terrible even if, in fact, they did not. The employee is the first person, not the third. In a similar sense, if the supervisor told the Human Resources Director that the employee did something awful, when the employee did not, the supervisor still has not defamed the employee. When the supervisor and Human Resource Director talk to each other about something that falls within the scope of their respective jobs, they are both speaking as the employer, and conversation amounts, in defamation law, to the employer talking to itself.

If the supervisor tells a co-worker who has no need to know that the employee did something horrible, then the co-worker is probably a third party, and the supervisor's statement is defamatory. The employee must still prove that the statement caused damage, though.  

Employer Qualified Privilege

An employer has a qualified privilege to make statements about its employees concerning matters of their employment, especially when made in response to another employer's request for a reference. The "privilege" is a defense to a defamation claim. An employer can, for example, respond to a reference request by stating that an employee "stole from us" and avoid a finding for defamation at work, even if wrong, as long as the employer did not act out of malice. Public policy encourages a free flow of information among employers about potential employees, so the law carves an exception out of the law of workplace defamation for reference requests. If the employer knows that the employee did not steal but says so anyways, the employer probably loses the privilege.

Defamation requires Fault amounting to Negligence 

An employer may avoid a finding of defamation if it exercised reasonable care when it made the false statement. For example, an employer that informs an employee assistance program that a truck driver tested positive for heroin use is not liable for defamation if the positive test was false because the employee did not tell the drug testing lab that he was taking prescribed Vicodin. For all the employer knew, the drug test was accurate, and it had no reason to believe otherwise.

Damages in a Defamation Case

An employee must prove actual damage in a defamation case, unless the words used to defame the employee amount to defamation "per se."  Employees can prove actual damage if the defamatory statement costs them their job. However, since defamation involves harm to an individual's reputation, and because reputation is difficult to quantify, actual damage is often difficult or impossible to prove.

The law assumes, however, that some statements cause harm to reputation, by the very nature of the statement. Statements that reflect upon one's character in a manner that will cause ridicule, hatred, contempt, or injury to trade or profession, if proven, are defamation per se, and do not require proof of actual damages. Accusations of serious crimes or immoral conduct constitute defamation per se.

Slander and Libel

Slander refers to defamation when spoken, and libel means written defamation. The legal test for proving and defending libel and slander claims is the same as for defamation. 

Related Articles from around the web (517)

Real World Example of Work Place Defamation

Rubinstein on NY Defamation

DEFAMATION AND THE CA WORKPLACE

Florida Law for Employer Defamation

Workplace Slander and Defamation Suits Take Off

Griffith on The NLRA Defamation Defense

Handling defamation and reverse discrimination claims when investigating harassment

Birmingham Blogger Sued For Defamation After Accusing Woman Of Affair With AG

California Defamation Law: Libel and Slander that Injures Professional Reputation at Workplace

Qualified Privilege Protects Florida Employers from Employee Reference Defamation Suits

Medal of Honor Winner Brings Suit in San Antonio for Defamation by Employer

Medal of Honor Winner Brings Suit in San Antonio for Defamation by Employer

A Bad Economy and Social Media Technology Serving to Increase Workplace Defamation Suits

Jason Tremblay writes article for Inside Counsel on handling defamation and reverse discrimination claims when investigating harassment

Court Of Appeals Finds That Some Work Performed At Home Or While Commuting To Work May Have To Be Paid

Does Sexual Talk Create A Hostile Work Environment At Work In Chicago?

Work then, work now, and organizing to win: Five books about labor in the United States

Does it violate the ADA to work an employee in excess of a work restriction?

Chicago Sees Increase In Hostile Work Environments At Work

Sexual Comments At Work Creating A Hostile Work Environment

What Makes A Hostile Work Environment At Work In Chicago

Travis: Work/Life and the 4-Day Work Week

Gender Inequality, Work Hours, and the Future of Work

How Does FMLA Work and What Should I Know About Hiring Minors for Seasonal Work?

Is Pornography At Work A Hostile Work Environment?

Chicago Hostile Work Environments At Work

Accumulated Effect of Incidents of Humiliating, Offensive Comments Directed at Women and Work-Sabotaging Pranks, Taken Together, Can Constitute a Hostile Work Environment, First Circuit Rules

Do We Live to Work or Work to Live? Lessons of the Recent French Riots

Getting to Work

Work Time

Work as Art

Self-Deception at Work

Right-to-work law

Estreicher on "Right to Work"

What do you believe about work that is wrong?

Are You Being Paid for All of Your Work?

Dogs at Work

Who Wins at Work?

Constitutionalizing Right to Work

What Do You Believe About Work That Is Wrong?

Disspelling the "Right-to-Work" Myth

What Is the Biggest Complaint at Work?

A Work Stoppage We Can All Support

What Are the Biggest Taboos at Work?

The Good Looking Advantage at Work

Talking Money at Work

What Is A Hostile Work Environment?

What Is A Hostile Work Environment?

The Government is Here to Help, and this Time it Might Work

What Is A Hostile Work Environment?

What Is the Best Mindset to Bring to Work

Dealing with Bullies at Work

Retaliation at Work in New York

Lie Detectors at Work

Mob Rule? At Work?

Cherry on Virtual Work

Dealing with Bullies at Work

Redefining Sex Work

What Is the Best Mindset to Bring to Work

Michigan on the Way to Becoming the Next Right-to-Work State

What are right-to-work laws, and should you care?

Work-Life on NPR

Work Doesn’t Have to Be Awful

Work Stoppage Updates

The End of Enemies at Work

The Pros and Cons of the Right to Work

Toward a 4-Day Work Week

Community @Work: Beyond the Gridiron

Crain on Branding Work

Worst Places to Work

Why You Should Let Your Employees Work from Home

Do You Trust People Where You Work?

What Is A Hostile Work Environment?

What Are the Biggest Taboos at Work?

A Festivus for the rest of us (at work)

Five Reasonable Accommodations at Work

Should You Be Paid If You Work Through Your Breakss?

Secunda on Right to Work laws

BLM vs. MAGA at work

Work Hour Insecurity

Harassed at Work in Maryland? Here are a few things to consider.

Hostile Work Environments In Chicago

Runge on Redefining Leave From Work

What Is A Hostile Work Environment In Chicago?

Work Matters, by Mike Maslanka

Chicago Hostile Work Environments

Are you allowed to use social media at work?

What Makes a Great Place to Work?

Books That Shaped Work in America

Student Interns Cannot Work for Free

Grossman on Pregnancy, Work, and Equality

Sexual Test Messages At Work

Sexual Test Messages At Work

Better Work Conference Call-for-Papers

What Is A Hostile Work Environment In Illinois?

Be careful about mixing politics and work

What Can I Do If My Co-Workers Keep Calling Me Gay At Work?

Is Flirting At Work Sexual Harassment?

Should you block social media at work?

Unemployment Benefits Recipients Do More, Not less, to Look for Work

Medical Pot at Work - It's Back!

Breastfeeding and perceived competence at work

Getting Paid for Blackberry Time After Work

Work EMail ruled not privileged

Work Place Privacy in California

Crowdsourcing the Work-Family Debate

Hostile Work Environments In Illinois

New Book: Regulating for Decent Work

More workers using opiates at work than we thought

Video Feedback on Student Work

I Couldn’t Afford to Go to Work Today

Newsflash: Youth and Good Looks Work Well on TV.

Employee Rights: How to Protect Yourself at Work

Reducing Unemployment with Work-Sharing

What Is A Hostile Work Environment In Chicago?

Diversity Training Doesn't Work

Hostile Work Environment In Illinois

Putting Me and Other Employer's Lawyers Out of Work

Teenage Work Driving Rules

Books That Shaped Work in America

Hostile Work Environments On The Rise

IS YOUR CO-WORKER SPREADING LIES ABOUT YOU AT WORK?

Travis on Work-Family Policy

Davidov on the Goals of Regulating Work

The Future of Work: Telepresence and Robots

Can My Employer Make Me Work Overtime?

Can My Employer Make Me Work Overtime?

Chicago Hostile Work Environments

Bringing the Wrong Mindset to Work

Fortune's 100 Best Companies to Work For

Hostile Work Environments At College

Pornography At Work And Sexual Harassment

What Are Hostile Work Environments In Illinois?

What Can You Do About A Hostile Work Environment In Illinois?

Secunda on Cultural Cognition at Work

Complaining About Sexual Harassment At Work

Employees Have a Right to Privacy in E-Mail Sent from Work

Taubman on Care Work and the Economy

Losing Friends and Influence at Work

National Right-to-Work Act Introduced

What Is A Hostile Work Environment In Chicago?

Top 10 reasons not to date at work

Does the Ayres Study Work in Istanbul?

Hostile Work Environments In Chicago

Indiana Take Your Gun to Work Law

New Video Blog: Difference Between "At Will" and "Right to Work"

Pornography At Work And Sexual Harassment

Work Email: "I Always Feel Like ... Somebody's Watching Me"

Chicago Hostile Work Environments

What Is A Hostile Work Environment In Chicago?

Hostile Work Environments In Chicago Suburbs

Does Your Employer Own Your Twitter Account If You Tweet From Work?

Must you pay your employees for civic and charitable work?

When Your Employer Asks You to Work from Home! Are You Prepared?

What are the best and worst states to work in during the coronavirus pandemic?

Hostile Work Environment Needs Underlying Discrimination

Is There A General Hostile Work Environment In Illinois?

Sexual Orientation and a Hostile Work Environment

Does Your Employer Own Your Twitter Account If You Tweet From Work?

Doorey's Law of Work Blog Updated

Hostile Work Environments Need Basis Of Discrimination

Hostile Work Environments Created During Investigations

Examples Of Hostile Work Environments In Illinois

"Work Law Under COVID-19" Seeking Contributions

Are Rude Comments A Hostile Work Environment?

Is Nasty Talk At Work Sexual Harassment?

How can I manage the back pain I have from from my injury at work?

Lactation at work requires reasonableness on both sides

A Little Harassment Does Not Equal a Hostile Work Environment

Should Work-From-Home be Mandatory Even after the COVID Pandemic?

Parents are ready to return to work, but where will their kids go?

Gough: New Empirical Work on Employment Arbitration

5 Steps For Creating A Safer Work Environment

CEPR Report on Low Wage Work

Do not force employees to work during FMLA leave

Is Bullying A Hostile Work Environment in Illinois?

Olympics Fosters Flexible Work Schedules

Hostile Work Environments In Naperville Illinois

When Should You Get Paid For Putting On And Taking Off Work Attire?

Sexual Harassment In Business Travel For Work

Disqualification for Education and Work Experience Reversed

Retaliation At Work For Posting Facebook Pictures

Remembering a Classic Work of Constitutional History

Playing the California Card Doesn't Always Work

Non-Exempt Workers Must Be Compensated If They Work Through Lunch

Sexual Harassment At Work Caught On Video

Michigan As a Right to Work State - Random Thoughts

Is There A General Hostile Work Environment In Chicago?

Is Consensual Sex At Work Sexual Harassment?

Ave Maria Right To Work School of Law?

5 Steps For Creating A Safer Work Environment

Are we thinking about work-life balance the wrong way?

Must you pay your employees for civic and charitable work?

Possible pitfalls of Yahoo’s work-from-home ban

Disqualification for Education and Work Experience Reversed

Call for Papers: "Applied Feminism and Work"

Ramifications of Yahoo!’s work-from-home ban

Fisk and Sachs on Restoring Equity in Right to Work

Professor Lindsey Honored for VITA Work

Work, Drinking and Driving Don't Mix Well

Availability of Health Insurance at Work Declines

Must you pay your employees for civic and charitable work?

Hostile Work Environment From Sexual Harassment

When Should You Get Paid For Putting On And Taking Off Work Attire?

Switzerland: Work Permits Exhausted in Several Cantons

West Virginia Work Status Law

Email Privacy Rights at Work in New York

Guns At Work? Alabama Legislation to Be Re-Introduced.

National Right to Work Act Reintroduced in the Senate

Repeat after me – Don’t bring guns to work

Employees WorkAt The Will of Their Employer”

The King Has No Clothes, Lebron’s Lessons For Work

How Many Hours per Day or Per Week Can a Person Work?

If I work unapproved overtime, does my employer still have to pay me for it?

EEOC Releases New Work Force Report

Options Exchanges Help to Generate Legal Work

NYTimes Article: Tough to be a Senior Looking for Work

Pennsylvania Child Porn at Work Law

Green on Race and Sex in Organizing Work

Why Do Ideas Have Such a Hard Time Surviving at Work?

National Work and Family Life Month

Making America the Best Place on Earth to Work

WIRTW #149 (the work / family edition)

Today Is World Day for Decent Work

New Federal Standard for Hostile Work Environment

When Does A Racial Hostile Work Environment Become Unlawful?

Chicago Hostile Work Environment Facts

Do you know? Does mandatory arbitration of employment disputes work?

Options Exchanges Help to Generate Legal Work

Technology blurs work/life definition

Can I Be Fired for Watching the NCAA Tournament at Work?

Returning to Work After a Serious Personal Injury Accident

Does Mediation Work for Employment and Discrimination Cases?

India: Work Permit Rules May Be Relaxed

Don’t Make Us Work ‘Till We Die!

MY BOSS IS HAVING AN AFFAIR AT WORK: CAN I SUE MY CA EMPLOYER?

A Better Balance: The Work and Family Legal Center

Seinfeld as Real Life: Too Hot for Work

Security Response Does Not Create Hostile Work Environment

1.2 Million More Reasons Not To Be Foolish At Work And More Horror Stories

Today is “exempt employees work free” day

Gender-specific Profanity is Hostile Work Environment

Eisenstadt on "The N-Word at Work: Contextualizing Language in the Workplace.

Reasonable accommodations for an employee’s inability to commute to work

Switzerland Makes Available an Additional 5,500 Work Permits

Work Email: “I Always Feel Like … Somebody’s Watching Me”

FEMALE FAST FOOD WORKERS RAPED WHILE AT WORK.

If you're going to get hurt at work in Georgia, do it before July 1, 2013

Hostile Work Environments Created By Sexual Harassment

On Labor Day, Work to Save the Middle Class

JAG Corps Work Can Be on the Battlefield as Well as in the Courtroom, Houck Says

Staffing Contracts, Work Restrictions and Paternalistic Legislation

Disneyland Hotel Workers Fast For Safer Work

WIRTW #264 (the “never go to work, part 2” edition)

Recently Published Scholarship: 4-Day Work Week

Is The Boss Yelling At You A Hostile Work Environment In Chicago

Nursing Mothers Entitled To Reasonable Breaks At Work

I recognize you do amazing work, but you’re still not getting minimum wage

"Designed to Fail: Why Regulatory Agencies Don't Work"

Hostile Work Environment Claims In New York City

Construction Company Sued For Hostile Work Environment

India Further Clarifies Work-Related Visa Requirements

DID YOU SIGN AN ARBITRATION BEFORE STARTING WORK WITH YOUR CA EMPLOYER? IT MAY OR MAY NOT BE ENFORCEABLE.

‘We Don’t Go to Work to Be Touched’: Sexual Harassment in the Warehouse

Work-Life Balance Award Act Fails

Do Sexual Jokes Create A Hostile Work Environment?

New Hostile Work Environment Decision from the 11th Circuit

Nurses in Texas May Refuse to Work Mandatory Overtime

Hostile Work Environment Lawsuit Settled For $25,000

Atlantans hurt at work physically often depressed, anxious

Hostile Work Environments Based On Sexual Harassment

Mixed Motive Won't Work For ADEA

Is Your Physical Presence At Work An Essential Job Function?

Does Yelling Create A Hostile Work Environment In Illinois?

When an employee can’t return to work after an FMLA leave

Chicago Employers Creating Hostile Work Environments

Hostile Work Environment Can't Be Based on General Harassment

Court of Appeal: Employer Not Responsible for Off-the-Clock Work

Striking Verizon Workers to Return to Work Tuesday

How the U.S. economic response could change as people go back to work

Managing Employees' Use of Personal SmartPhones and Tablets for Work

Eisenstadt on Work from Home, COVID and Disability Law

What “Sexy Vixen Vinyl” teaches us about porn at work

Doorey's New Blog: Canadian Law of Work Forum

Apple Store Workers Share Why They Want to ‘Work Different’

Hostile Work Environment Lawsuit Settled For $25,000

As sure as today is Cyber Monday, your employees are shopping from work

Atleson's Work Featured in Buffalo Law Review

Job Growth Focused on Low-Wage Work

United Bank Sued For Hostile Work Environment

HOMICIDE IN THE CA WORKPLACE IS ON THE RISE: STAY SAFE AT WORK

Are you searching employees’ work computers as part of litigation?

HISPANIC EMPLOYEES SUBJECTED TO A HOSTILE WORK ENVIRONMENT

CA EMPLOYEES OF ALL COLOR DESERVE EQUAL PAY FOR DOING THE SAME WORK

Obama: ‘Challenge of Our Time’ Is Making Economy Work for Everyone

Sex At Work: Guidelines to Avoiding a Sticky Situation

Indiana Court Holds Right-to-Work Law Unconstitutional

Public Employees Are Leading the Way on Making Government Work Better

Rights, Responsibilities, and Recommendations for Remote Work Under COVID-19 Restrictions

Milwaukee Succeeds education work will show success soon, three co-chairs say

Volkswagen, UAW Consider German-Style Work Councils for US Plant

Wal-Mart Warehouse Workers Fight for the Future of Work

When Does the Work Day End? When You Stop Answering Your Cell Phone

Call for Papers: Work and Vulnerability Conference at Emory Law

Symposium Honoring the Work and Life of Professor Ann Scales

A Single Instance Of Harassment Can Be Enough To Constitute A Hostile Work Environment

New Mexico Opts Out of Undocumented Worker Ineligibility for Licenses to Work

Wrongful Discharge for Complaining to an Employer or OSHA about Unsafe Work

A Single Instance Of Harassment Can Be Enough To Constitute A Hostile Work Environment

How “Right to Work Shirk” Laws Kill Jobs – and Hurt All of Us

Coronavirus Update 5-6-2020: How do parents return to work without available childcare

Massachusetts Drops Clerk Work Proposal for Deferred Associates

New Procedure to Obtain Work Visa for Foreigners Working in Mexico

SHOULD MY CALIFORNIA EMPLOYER BE PAYING ME FOR THE TIME IT TAKES ME TO DRIVE TO WORK?

Pro Bono and Public Interest Legal Work at Marquette

My mom was shot by her husband at work. Workers' comp or not?

Croatia: Work Permit Availability Drastically Reduced for 2010

Karin to Arizona State; Will Establish Work-Life Program

A Single Instance Of Harassment Can Be Enough To Constitute A Hostile Work Environment

LEARNING DISABILITIES ARE PROTECTED UNDER MEDICAL DISCRIMINATION AT WORK IN CALIFORNIA

A Single Instance Of Harassment Can Be Enough To Constitute A Hostile Work Environment

Croatia: Work Permit Availability Drastically Reduced for 2010

Putting People Back to Work and Obama’s Jobs Summit

New Procedure to Obtain Work Visa for Foreigners Working in Mexico

Car Dealership Settles Hostile Work Environment For $2 Million

Getting To Work On Time Isn't Always An Essential Job Function Under The ADA

Two Leading Labor Activists Receive Global Recognition for Work

Celebrating “World Kindness Day” at work #WorldKindnessDay #ChooseKindness

O'Donnell Bibliography on Workers, the World of Work, and Labor Law

If I'm hurt at work in Georgia, when will my medical care run out?

EDD Will Deny Unemployment Benefits to Claimants Not Authorized to Work in US

WTO Ruling Shows Trade Law Can Work for Workers

Is It A Hostile Work Environment In Chicago If Your Supervisor Comments On Your Body?

Doorey on The [Canadian] Charter and the Law of Work: A Beginner's Guide

NLRB complaint: Boeing transferring work to non-union plant

Hostile Work Environment Can't Be Based On General Harassment In Illinois

Massachusetts Overtime Law May Apply to Employees Who Work Outside the State

I burned myself at work. Can I get workers' comp benefits in Georgia?

Court of Appeal Reconsiders, but then Re-Affirms Case re Work Week

Hostile Work Environment Lawsuit Because Of Race-Based Preferences

Texas Unemployment Law - How Temporary Work Affects Your Benefits

Sexual Harassment Cases Create Hostile Work Environment

Do you know? Men are entitled to protection from sexually hostile work environments too

Chicago Hostile Work Environments For Reporting Sexual Harassment

Report Tracks Prevalence of Unauthorized Work by H-1B Visa Holders

Alabama Supreme Court Addresses Unexplained Fall At Work

Are Sexual Text Messages A Hostile Work Environment In Chicago?

NLRB complaint: Boeing transferring work to non-union plant

Single Work and Residence Permit for Non-EU Workers Required Under New Directive

Capturing Wages for Off-The-Clock Work in California Retail Stores

New ADA Case Absolves Employers from Need to Accommodate Inability to Work Overtime

Do Sexual Text Messages Create A Hostile Work Environment In Chicago?

Goldscheid on Gender Violence and Work in the United States and South Africa

Paid Leave, Flexible Work Scheduling Continue to Receive Attention

Pennsylvania Based Employees May Be Entitled to Overtime for work in Foreign Countries

Paula Deen Sued for Sexual Harassment and Hostile Work Environment

CALIFORNIA EMPLOYEES WORKING OFF THE CLOCK DESERVE TO BE PAID FOR THEIR HARD WORK.

Williams Sausage Sued For Hostile Work Environment and Racial Discrimination

America Wants to Work Week of Action Spotlights Rising Call for Jobs

If you’re taking an employee’s deposition, don’t charge them for a day off work

Woman Who Was Fired For Wearing Sword To Work May Have Claim For Religious Discrimination

UAE: Ministry of Labour to Reform its Work Permit Processing System

Are Sexy Text Messages A Form Of A Hostile Work Environment In Chicago?

Disability Discrimination in the Workplace Leads to Termination, Hostile Work Environment

Hostile Work Environment Based on Age Is Actionable, Fifth Circuit Rules

Rogers on Justice at Work: Minimum Wage Laws and Social Equality

Call for Papers: Int'l Conference on Employee Representation in New World of Work

Heymann, Stein & Moreno's New Book: Disability and Equity at Work

5th Circuit recognizes ADEA hostile work environment claim

Getting To Work On Time Isn't Always An Essential Job Function Under The ADA

Injunction against Arizona law criminalizing unauthorized aliens who work is upheld

Amid differences, a call to work together to improve mental health treatment

U.S. Chamber to Members: It’s Cool to Make Your Employees Work on Christmas

Jackson Public Schools Settles Hostile Work Environment Lawsuit

Seventh Circuit Criminal Case of the Week: Good Enough for Government Work

Filling out the Form I-9 for TPS beneficiaries: Work Permits extended for El Salvadorians

#SCOTUS unanimously holds that post-work security checks are unpaid

Senate Committee Discusses Issues Impacting Work/Family Balance

Coronavirus Update 5-26-2020: When an employee isn’t social distancing outside of work

Making Health Care Reform Work: A Perspective from California Doctors

United Kingdom: Limits Being Introduced on Tier 1 (General) Work Permits

5 Steps To Ensure Your Work-From-Home Employees Maximize Corporate Performance

Is A Boss Texting Sexual Messages A Hostile Work Environment In Chicago?

If I'm a healthcare professional and hurt my back at work, do I have more say in my medical care?

Favoritism at Work: How to Respond When Unequal Treatment Impacts Your Productivity and Satisfaction

DOL Issues Final Child Labor Regulations for Non-Agricultural Work

Police And Firefighters Entitled To Overtime Based On How They Divide Their Duties At Work

Second Circuit Clarifies Proof Necessary to Establish a Hostile Work Enviroment Claim

New Agreement Means $2.2M in Back Pay, New Work for Florida IATSE Members

Injury During Sex is Work-Related and Compensable, Aussie Court Holds

Is A Boss Texting You Sexual Messages A Hostile Work Environment In Chicago?

Jackson Public Schools Settles Hostile Work Environment Lawsuit

Jury Awards $200,000 In Hostile Work Environment Lawsuit

Actions That Create A Hostile Work Environment May Be Grounds For A Retaliation Lawsuit

BLACK EMPLOYEE HARASSED AT WORK SUES FOR THOUSANDS OF DOLLARS IN DAMAGES.

Turkey: Online Work Permit Application System Planned for 2010

The Food Stamp Work Requirement Is a Scheme to Punish Hungry Americans

LGBT History Month Pathway to Progress: The Founding of Pride At Work

Florida Federal Court Rules Employees May Leave Guns in Cars While at Work.

WOMEN IN POWERFUL POSITIONS MOST LIKELY TO BE HARASSED AT WORK. DON’T LET YOUR CA EMPLOYER SEXUALLY HARASS YOU.

Is regular attendance an essential job function when an employee asks for time off from work?

Out of work? Out of luck. EEOC hold meeting on use of employment status as screening tool

Forthcoming Employee Rights Employment Policy Journal Symposium on Decent Work

USCIS Conducting "Surprise" Work Site Visits to Tackle H-1B Visa Fraud

Respect at Work Has to Become the New Normal: ILO Convention 190 and Rebuilding for a Fairer Economy

Pennsylvania Court Holds State Wage Law Applies to Overseas Work

EEOC Files Lawsuit Against Hilton Hotels Chicago For Hostile Work Environment

1 in 4 Women Have Faced Sexual Harassment at Work in Newport Beach, Poll Finds

DOL Announces Introduction of Smartphone Application to Help Employees Track Work Hours

It’s not realistic to expect employees not to discuss politics at work, but it is to require them to do so professionally

Trump’s NLRB Quietly Makes It Riskier To Wear Union Schwag at Work

Department of Labor Releases Smartphone Application for Tracking Employee Work Hours

Federal court takes EEOC to task for its work-life-balance agenda

Court upholds termination of employee caught using cell phone camera at work

Add “no loitering” to the list of potentially unlawful work rules, per the #NLRB

Confirm, but don’t fish, when seeking return-to-work medical info under the ADA

Preliminary Injunction Ruling Partly Upholds Florida's Guns-at-Work Law.

Coronavirus Update 4-27-2020: Bringing your employees back to work when unemployment pays them more than you do

Bill Would Strengthen and Expand Employer Work Share Programs in Lieu of Layoffs

SHOULD YOUR EMPLOYER BE PAYING YOU FOR THE TIME YOU SPEND IN A SECURITY LINE TO GET TO WORK IN LOS ANGELES?

Is Evidence of Offensive Conduct Unknown to a Hostile Work Environment Plaintiff Admissible?

Warehouse Company DB Schenker Sued For Sexual Harassment and Hostile Work Environment

Nationalize Payrolls Now; Gig Work is a Fancy Name for Exploitation; Domestic Workers in the Pandemic

Newly-Elected Congressman: Anti-Poverty Programs Are ‘A Bribe Not To Work That Hard’

Are Workers Entitled To Pay For Time Spent Waiting To Go Through Security Checkpoints At Work?

USW Paper Workers, Private Equity Firm Work to Keep Mills Open

Trend Watch: Overtime Lawsuits For Off-The-Clock Work on Mobile Computing Devices

Custodial Supervisor Settles Hostile Work Environment Lawsuit For $250,000

Is The Boss Sending You Sexual Jokes Via Email A Hostile Work Environment in Chicago?

Bill Would Create Award for Employers that Implement Work-Life Balance Policies

This is not a late April Fools’ joke: Employees strike over right to drink beer at work

Employee Rights Short Takes: Hostile Work Environment, GINA, FMLA And More

House Committee Holds Hearing on Work-Life Balance Award Act

Tip Credit Not Applicable to Bartenders and Servers Where More Than 20% of Work Is Performing Related But Nontipped Duties

Ninth Circuit Holds Retail Store Manager Unable to Work Is Not Qualified Individual

I believe bullying at work led to my injury. Am I entitled to Georgia workers' comp benefits?

6th Circuit gives employers relief on the evidence employees must present to prove off-the-clock work

Pennsylvania Regulatory Review Panel Disapproves of L&I's New UC Active Work Search Requirements

California Plant Worker Sues after Wrongful Termination Following Complaints Unsafe Work Conditions

BLS Reports Decline in Nonfatal Workplace Injuries and Illnesses Resulting in Time Away from Work

Trade Unions Demand Governments Address Gender-based Violence in the World of Work

Littler Report Provides Many Insights and Practical Solutions for Employers Considering a "Bring Your Own Device" to Work Program

Are post-work security checks compensable? #SCOTUS and Integrity Staffing Solutions v. Busk

Coronavirus Update 7-2-2020: Employee claims his remote-work request got him fired, sues

Coronavirus update 4-21-2020: Can and should employers require antibody testing as a return-to-work condition?

U.S. Supreme Court to Determine Whether Time Spent Putting On and Removing Equipment for Work Should Be Compensated

M. Slavin and Sons Pays $900,000 To Settle Hostile Work Environment Lawsuit

National Whistleblowers Center's Work Highlighted in The Washington Post's Year-End Articles

Lesbian Fitness Instructors File Hostile Work Environment Lawsuit Against Gym Owner

Federal Court Refuses to Enjoin Florida "Guns-at-Work Law" as Applied to Employees.

JetBlue Loses Appeal On Hostile Work Ennvironment Age Discrimination And Retaliation Claims

Employers Shalt Not "Encourage" Employees to Work During Meal Breaks -- Brinker v. Superior Court

Court finds Police Officer's Injuries as Work Related and Claims Her Eligible for Benefits

Sexual Harassment Policy Critical to Fostering Proper Work Environment in Orange County

Unpaid Prison Barber Made to Work During Covid Says, “We Aren’t Properly Disinfecting Anything”

DOT Regulation on Observed Return-to-Work and Follow-Up Drug Testing Goes into Effect August 31, 2009

WAITRESSES WIN OVER $700,000 IN A SEXUAL HARASSMENT LAWSUIT: CALL LA ATTORNEYS IF YOU HAVE PROBLEMS AT WORK

Coronavirus Update 6–11–2020: OSHA issues guidance on cloth face coverings at work

Second Circuit Holds that Timely Arrival to Work Is not Always an Essential Function of the Job Under Disability Discrimination Laws

Sam's Club Settles Hostile Work Environment and National Origin Lawsuit For $440,000

Mark A. Spognardi quoted in Law360 article on corporate backlash from Yahoo!’s work-from-home ban

Indiana Sherriff Sued By Department of Justice For Sexual Harrassment, Hostile Work Environment and Retaliation

Lori Adelson offers thoughts on rising retaliation against employees who report bad behavior at work

Coronavirus Update 5-8-2020: Can you legally refuse to return to work to someone at “high risk” for COVID-19 complications?

Cunningham-Parmeter on Men at Work, Fathers at Home: Uncovering the Masculine Face of Caregiver Discrimination

DO YOU BLACKBERRY, RESPOND TO EMAILS, OR MAKE PHONE CALLS AFTER WORK? ARE YOU GETTING PAID FOR THIS TIME SPENT WORKING?

Mark A. Spognardi and Jesse R. Dill co-author article for Inside Counsel on Michigan right-to-work law

DOT Regulation on Observed Return-to-Work and Follow-Up Drug Testing Goes into Effect August 31, 2009

Bisom-Rapp, Frazer and Sargeant on Decent Work, Older Workers and Vulnerability in the Economic Recession

Indiana Attorney General Submits Written Arguments to State Supreme Court Regarding "Right-to-Work" Law

Seventh Circuit Requires Actual or Constructive Knowledge of Employee's Off-The-Clock Pre-Shift Work

No Such Thing as a Free Minute: City Employee Fired for Misusing Work Cellphone and What That Means for New York Workers

Sexual Harassment Victim must allege a work sharing agreement or file with the state agency within 180 days

California Supreme Court Clarifies and Strengthens Work Product Protections for Attorney-Procured Witness Declarations

Doctor Subjected to Sexual Harassment and Hostile Work Environment by Clinic Owner, Fourth Circuit Rules

Teachers Decide To Work For Free After Budget Cuts Leave Pennsylvania School District Without Funds For Salaries

Employers Beware! Employees are Permitted to Use Employer’s Email Systems for Non Work Purposes, Including Union Organizing

Arizona v United States: SCOTUS to decide preemption of state statute criminalizing unauthorized aliens who work

Sixth Circuit Rejects Overtime Claim by Employee Who Did Not Report Work Performed During Unpaid Meal Breaks

Supreme Court of Canada Concludes that Employees May Have a Reasonable Expectation of Privacy in Relation to Their Work-Issued Computers

PA Child Labor Act Modernizes and Clarifies Work Hour Restrictions for Minors in Time for Summer Hiring Season

Double Kentucky Workers Compensation Benefits Recoverable Where Employment Ends Due to Previous Work-Related Injuries

An In-Depth Analysis of the NLRB’s Decision to Permit Employees to Use Employer Email Systems for Union Organizing and Other Non-Work Purposes

ADAPT International Conference: Internship and Traineeship for Students and Young people. Training, School-to-work Transition or Exploitation?

Coronavirus Update 6–3–2020: Do “Lake of the Ozarks” employees sent home from work qualify for paid sick leave under the FFCRA?

White House Plans to Allow Work Authorizations for Spouses of H-1B Visa Holders, as Well as to Enhance Opportunities for Outstanding Professors and Researchers

Coronavirus Update 7-29-2020: SAFE TO WORK Act would offer employers a significant shield from employee COVID-19 lawsuits

Coronavirus Update 6–22–2020: Ohio ends unemployment benefits to employees who refuse to work (with some key exceptions)

Coronavirus Update 8-25-2020: Articles of Impeachment drafted against Ohio’s Governor DeWine debase actual hostile work environments

Last Call! Third Circuit Court of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return to Work Agreement

Labor Secretary Scalia Wrongly Rejects Federal Role in Enforcing Unemployment Rights of Workers Who Refuse Unsafe Work

Workers Sue City of Louisville in Class Action Suit for Unsafe Work Environment Due to Toxic Mold Exposure

Italian Supreme Court rules brain tumor + work-related cellphone usage = a valid workers' compensation claim!

California Court Of Appeal Holds That Employees Lose Reinstatement Rights If They Fail To Return To Work During The 12-Week Leave Period Protected Under CFRA

This Week in the War on Workers: Temp Work Isn't Safe and it Often Isn't Temporary

Commuting in Employer-Provided Car and "Postliminary" Work May Be Compensable

Indiana Superior Court Judge Rules That Indiana's "Right-to-Work" Law is Unconstitutional

I hurt my back at work and don't understand what's wrong with my spine!

How Passage of a "Right-to-Work" Bill Would Affect Indiana Employees

Women Aren’t Leaving The Work Force To Have Kids, It’s Leaving Them

If I'm receiving workers' comp benefits in Georgia, can I still work?

Western Ontario Law's Labour Law Lecture & Conference 2013: Rights at Work

Is A Co-Worker Looking At Porn On His Work Computer Sexual Harassment If I See His Computer

If I'm attacked at work, can I get workers' compensation in Georgia?

Law Students Now Allowed to Work for Free at Law Firms

E-Verify Self Check Program to Launch on March 18, Allowing Individuals to Independently Verify Their Work Authorization Status

E-Verify Self Check Program to Launch on March 18, Allowing Individuals to Independently Verify Their Work Authorization Status

Coronavirus Update 4-9-2020: CDC issues new guidelines for the return of essential workers to work after a coronavirus exposure

Sixth Circuit Finds That Employee Who Continued to Work for Macy's Waived Her Right to File a Lawsuit in Tillman v. Macy's, Inc.

Waiver of Attorney-Client & Work Product Privileges Limited to Subject Matter of Waiver, Ninth Circuit Rules

Supreme Court's Whiting Immigration Decision and Griffith on Discovering “Immployment” Law: The Constitutionality of Subfederal Immigration Regulation at Work

How Do You Define "Work Time" Anyway?

Indiana Superior Court Judge Rules That Indiana's "Right-to-Work" Law is Unconstitutional

Pennsylvania Supreme Court To Consider When a Public Sector-Related Entity May Subcontract Bargaining Unit Work to Private Sector Contractors Without Bargaining

Equal Pay for Equal Work, Maybe

Employee "Regarded As" Suffering From Disability Where Employer Fabricated Work Restriction and Failed to Conduct Individualized Inquiry Regarding Employee's Actual Medical Condition, Sixth Circuit Rules

Fair Pay Act Would Bring Equal Pay for Equal Work

Have an Employment Law question?

Virginia Employment Lawyers

Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA

more Virginia Employment Lawyers