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 (584)

Real World Example of Work Place Defamation


Rubinstein on NY Defamation

Griffith on The NLRA Defamation Defense

Florida Law for Employer Defamation

Workplace Slander and Defamation Suits Take Off

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

Handling defamation and reverse discrimination claims when investigating harassment

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

Qualified Privilege Protects Florida Employers from Employee Reference Defamation Suits

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

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

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

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

Sexual Comments At Work Creating A Hostile Work Environment

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

Chicago Sees Increase In Hostile Work Environments At Work

What Makes A Hostile Work Environment At Work In Chicago

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

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

Gender Inequality, Work Hours, and the Future of 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

What are the risks with the use of AI at work?

Work Time

Self-Deception at Work

What do you believe about work that is wrong?

Dogs at Work

What Do You Believe About Work That Is Wrong?

Who Wins at Work?

Right-to-work law

Constitutionalizing Right to Work

Estreicher on "Right to Work"

Work as Art

Are You Being Paid for All of Your Work?

Five Reasonable Accommodations at Work

What Is the Best Mindset to Bring to Work

A Work Stoppage We Can All Support

Work-Life on NPR

What Are the Biggest Taboos at Work?

Disspelling the "Right-to-Work" Myth

What Is the Biggest Complaint at Work?

What Is the Best Mindset to Bring to Work

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

What to do about political discussions at work?

The End of Enemies at Work

BLM vs. MAGA at work

Work Doesn’t Have to Be Awful

The Good Looking Advantage at Work

Secunda on Right to Work laws

Why You Should Let Your Employees Work from Home

Lie Detectors at Work

Cherry on Virtual Work

Work Stoppage Updates

Redefining Sex Work

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

A Festivus for the rest of us (at work)

What Is A Hostile Work Environment?

What Is A Hostile Work Environment?

Community @Work: Beyond the Gridiron

What Is A Hostile Work Environment?

The Pros and Cons of the Right to Work

Mob Rule? At Work?

Dealing with Bullies at Work

Should You Be Paid If You Work Through Your Breakss?

What Is A Hostile Work Environment?

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

Dealing with Bullies at Work

Work Hour Insecurity

Retaliation at Work in New York

Talking Money at Work

Crain on Branding Work

Do You Trust People Where You Work?

What Are the Biggest Taboos at Work?

Toward a 4-Day Work Week

Worst Places to Work

Employee Rights: How to Protect Yourself at Work

What Is A Hostile Work Environment In Chicago?

Diversity Training Doesn't Work

The Hidden Labor of Sex Work

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

Reducing Unemployment with Work-Sharing

Re-Thinking Service-Sector Work

Hostile Work Environment In Illinois

Putting Me and Other Employer's Lawyers Out of Work

God’s Work: Labor in the Church

Newsflash: Youth and Good Looks Work Well on TV.

Are you allowed to use social media at work?

Chicago Hostile Work Environments

Conference: Future of Work & AI

Hostile Work Environments In Chicago

Runge on Redefining Leave From Work

Pornography At Work And Sexual Harassment

What Is A Hostile Work Environment In Chicago?

Is Flirting At Work Sexual Harassment?

Bringing the Wrong Mindset to Work

Hostile Work Environments At College

Travis on Work-Family Policy


Crowdsourcing the Work-Family Debate

Work EMail ruled not privileged

Should you block social media at work?

Getting Paid for Blackberry Time After Work

Hostile Work Environments On The Rise

Breastfeeding and perceived competence at work

Hostile Work Environments In Illinois

Books That Shaped Work in America

Work Place Privacy in California

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

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

What Is A Hostile Work Environment In Chicago?

Video Feedback on Student Work

I Couldn’t Afford to Go to Work Today

How to Help Employees Adjust To Remote Work

Student Interns Cannot Work for Free

Books That Shaped Work in America

More workers using opiates at work than we thought

Medical Pot at Work - It's Back!

New Book: Regulating for Decent Work

Better Work Conference Call-for-Papers

Top 10 reasons not to date at work

What Are Hostile Work Environments In Illinois?

Secunda on Cultural Cognition at Work

Losing Friends and Influence at Work

Are You Entitled to Time Off Work for Rehab

Taubman on Care Work and the Economy

Sexual Test Messages At Work

Sexual Test Messages At Work

Work Isn’t Really Valued in the U.S.

Davidov on the Goals of Regulating Work

National Right-to-Work Act Introduced

Chicago Hostile Work Environments

Pornography At Work And Sexual Harassment

What Is A Hostile Work Environment In Chicago?

Fortune's 100 Best Companies to Work For

Hostile Work Environments In Chicago

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

Can My Employer Make Me Work Overtime?

Can My Employer Make Me Work Overtime?

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

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

Be careful about mixing politics and work

A Q&A on service animals at work

Does the Ayres Study Work in Istanbul?

Work Matters, by Mike Maslanka

The Future of Work: Telepresence and Robots

Indiana Take Your Gun to Work Law

Teenage Work Driving Rules

Complaining About Sexual Harassment At Work

Chicago Hostile Work Environments

Work-life balance vs. Antiwork

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

We Shouldn’t Have to Work Forever

What Makes a Great Place to Work?

What Is A Hostile Work Environment In Illinois?

Grossman on Pregnancy, Work, and Equality

Forced religion and work do not mix

Does Mediation Work for Employment and Discrimination Cases?

Hostile Work Environment From Sexual Harassment

Hostile Work Environment Needs Underlying Discrimination

Sexual Harassment In Business Travel For Work

Playing the California Card Doesn't Always Work

Today Is World Day for Decent Work

Retaliation At Work For Posting Facebook Pictures

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

Hostile Work Environments Need Basis Of Discrimination

Sexual Orientation and a Hostile Work Environment

Call for Papers: "Applied Feminism and Work"

Disqualification for Education and Work Experience Reversed

Are Rude Comments A Hostile Work Environment?

When Does A Racial Hostile Work Environment Become Unlawful?

Do not force employees to work during FMLA leave

Is Bullying A Hostile Work Environment in Illinois?

Hostile Work Environments Created During Investigations

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

A Little Harassment Does Not Equal a Hostile Work Environment

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

Lactation at work requires reasonableness on both sides

Chicago Hostile Work Environment Facts

Is There A General Hostile Work Environment In Chicago?

Professor Lindsey Honored for VITA Work

Hostile Work Environments In Chicago Suburbs

Work, Drinking and Driving Don't Mix Well

Hostile Work Environments In Naperville Illinois

Must you pay your employees for civic and charitable work?

Must you pay your employees for civic and charitable work?

Ave Maria Right To Work School of Law?

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


Is Nasty Talk At Work Sexual Harassment?

Examples Of Hostile Work Environments In Illinois

Is There A General Hostile Work Environment In Illinois?

Olympics Fosters Flexible Work Schedules

Fisk and Sachs on Restoring Equity in Right to Work

Sexual Harassment At Work Caught On Video

Options Exchanges Help to Generate Legal Work

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

Technology blurs work/life definition

Options Exchanges Help to Generate Legal Work

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

CEPR Report on Low Wage Work

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

Remembering a Classic Work of Constitutional History

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

Michigan As a Right to Work State - Random Thoughts

Is Consensual Sex At Work Sexual Harassment?

Availability of Health Insurance at Work Declines

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

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

Must you pay your employees for civic and charitable work?

Doorey's Law of Work Blog Updated

How to Make the Building Trades Work for Women

Email Privacy Rights at Work in New York

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

West Virginia Work Status Law

Disqualification for Education and Work Experience Reversed

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

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

Pennsylvania Child Porn at Work Law

A Better Balance: The Work and Family Legal Center

NYTimes Article: Tough to be a Senior Looking for Work

Returning to Work After a Serious Personal Injury Accident

New Federal Standard for Hostile Work Environment

How many N-words create a hostile work environment?

Seinfeld as Real Life: Too Hot for Work

Making America the Best Place on Earth to Work

For Many, the Pandemic Was a Wakeup Call About Exploitative Work

A Celebration of the life and work of Minna Kotkin

Switzerland: Work Permits Exhausted in Several Cantons

WIRTW #149 (the work / family edition)

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

National Work and Family Life Month

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

Gough: New Empirical Work on Employment Arbitration

EEOC Releases New Work Force Report

How Does a Company Qualify as a Great Place to Work?

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

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

Employees WorkAt The Will of Their Employer”

There’s nothing wrong about wanting not to have fun at work

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

Do you know what to do when an employee suffers a severe accident at work?

5 Steps For Creating A Safer Work Environment

5 Steps For Creating A Safer Work Environment

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

Repeat after me – Don’t bring guns to work

India: Work Permit Rules May Be Relaxed

National Right to Work Act Reintroduced in the Senate

Green on Race and Sex in Organizing Work

"Work Law Under COVID-19" Seeking Contributions

Don’t Make Us Work ‘Till We Die!

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

How to Engage Employees in Hybrid Work Models

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

Security Response Does Not Create Hostile Work Environment

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

Construction Company Sued For Hostile Work Environment

Recently Published Scholarship: 4-Day Work Week

Sex At Work: Guidelines to Avoiding a Sticky Situation

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

New Hampshire Republicans Are Using Covid to Ram Through Right-to-Work Legislation

Indiana Court Holds Right-to-Work Law Unconstitutional

Work-Life Balance Award Act Fails

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


New Hostile Work Environment Decision from the 11th Circuit


Mixed Motive Won't Work For ADEA

Disneyland Hotel Workers Fast For Safer Work

Staffing Contracts, Work Restrictions and Paternalistic Legislation

Hostile Work Environment Claims In New York City

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

Atlantans hurt at work physically often depressed, anxious

Call for Papers: Business Ethics and the Future of Work

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

Switzerland Makes Available an Additional 5,500 Work Permits

Mental Health at Work and Appropriate Adjustments Managers Should Make

Do Sexual Jokes Create A Hostile Work Environment?

Atleson's Work Featured in Buffalo Law Review

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

How do you handle employees talking about “replacement theory” at work?

Gender-specific Profanity is Hostile Work Environment

Hostile Work Environments Created By Sexual Harassment


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

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

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

Job Growth Focused on Low-Wage Work

Striking Verizon Workers to Return to Work Tuesday

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

Public Employees Are Leading the Way on Making Government Work Better

This Crisis Makes Clear: We Need a Four-Day Work Week, Now

Doorey's New Blog: Canadian Law of Work Forum

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

United Bank Sued For Hostile Work Environment


Cyberbullying: What to Do If You’re Being Bullied or Abused During Remote Work

Hostile Work Environment Lawsuit Settled For $25,000

Does Yelling Create A Hostile Work Environment In Illinois?

Eisenstadt on Work from Home, COVID and Disability Law

Hostile Work Environment Can't Be Based on General Harassment

Hostile Work Environments Based On Sexual Harassment

Chicago Employers Creating Hostile Work Environments

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

Hostile Work Environment Lawsuit Settled For $25,000

Is Your Physical Presence At Work An Essential Job Function?

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

Why companies based on gig work are hurting more than their employees

Managing Employees' Use of Personal SmartPhones and Tablets for Work

India Further Clarifies Work-Related Visa Requirements

Nurses in Texas May Refuse to Work Mandatory Overtime

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

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

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

Nursing Mothers Entitled To Reasonable Breaks At Work

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

Call for Papers: The Effect of Dobbs on Work Law

On Labor Day, Work to Save the Middle Class

Today is “exempt employees work free” day

Work From Home scams: How to Protect Your Employees During Pandemic

Work Is the Reason Latinos Are Getting Slammed So Hard by the Pandemic


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

NYU Conference: Re-Training America for the Future of Work

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

Settlement highlights wage and hour risks of remote work

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

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

Two Leading Labor Activists Receive Global Recognition for Work

Employee harassed after coming out at work loses harassment lawsuit

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

New Procedure to Obtain Work Visa for Foreigners Working in Mexico

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

Are Shorter Work Hours Good for Remote Team Productivity?

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

New Procedure to Obtain Work Visa for Foreigners Working in Mexico

Coronavirus Update 11-18-2020: WFHH (work from home harassment)

Harpur Awarded Future Fellowship to Work on Workplace Disabilities

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

Ajunwa on COVID-Immunity Work Requirements and Economic Inequility

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

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

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

Coronavirus Update 3-24-2021: Which of your employees should you bring back to work

Arnow-Richman on Remote Work & Temporary Termination

Massachusetts Drops Clerk Work Proposal for Deferred Associates

Car Dealership Settles Hostile Work Environment For $2 Million

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

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

Employee too distraught to work over Dobbs decision loses job

Coronavirus Update 4-6-2021: Is work from home not all it’s cracked up to be?

Pro Bono and Public Interest Legal Work at Marquette

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

Coronavirus Update 10-13-2020: You are doing something very, very wrong if your employees are terrified to come to work

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


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

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

Are Sexual Text Messages A Hostile Work Environment In Chicago?

NLRB complaint: Boeing transferring work to non-union plant

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

Chicago Hostile Work Environments For Reporting Sexual Harassment

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

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

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

Texas Unemployment Law - How Temporary Work Affects Your Benefits

Karin to Arizona State; Will Establish Work-Life Program

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

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

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

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

Hostile Work Environment Lawsuit Because Of Race-Based Preferences

Wal-Mart Warehouse Workers Fight for the Future of Work

Symposium Honoring the Work and Life of Professor Ann Scales

Croatia: Work Permit Availability Drastically Reduced for 2010

Croatia: Work Permit Availability Drastically Reduced for 2010

Call for Papers: Work and Vulnerability Conference at Emory Law

WTO Ruling Shows Trade Law Can Work for Workers

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

Sexual Harassment Cases Create Hostile Work Environment

Putting People Back to Work and Obama’s Jobs Summit


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

Alabama Supreme Court Addresses Unexplained Fall At Work

NLRB complaint: Boeing transferring work to non-union plant

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

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

Meatpacking Workers Say Attendance Policies Force Them to Work With Covid-19 Symptoms

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

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

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

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

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

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

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

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

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

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

Paid Leave, Flexible Work Scheduling Continue to Receive Attention

Participation in Pro Bono Work and Law Student Well-Being—Any Correlation?

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

5th Circuit recognizes ADEA hostile work environment claim

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

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

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

Jackson Public Schools Settles Hostile Work Environment Lawsuit

Injunction against Arizona law criminalizing unauthorized aliens who work is upheld

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

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

Jackson Public Schools Settles Hostile Work Environment Lawsuit

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


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

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

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

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

DOL Issues Final Child Labor Regulations for Non-Agricultural Work

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

Jury Awards $200,000 In Hostile Work Environment Lawsuit

I’m going to say this loudly for the people in the back: IT’S ILLEGAL FOR EMPLOYEES TO WORK FOR FREE

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

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

NLRB re-writes law on employees displaying union logos at work

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

Turkey: Online Work Permit Application System Planned for 2010

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

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

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

Making Health Care Reform Work: A Perspective from California Doctors

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

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

Paula Deen Sued for Sexual Harassment and Hostile Work Environment


Senate Committee Discusses Issues Impacting Work/Family Balance

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

Williams Sausage Sued For Hostile Work Environment and Racial Discrimination

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

CFP: Work and Employment Relations in the Middle East and North Africa

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

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

New Marquette Lawyer Magazine Spotlights the Work of Public Defenders and Provides Other Glimpses into the Law

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

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

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

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

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

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

Remote Work, Office Location and Employee Satisfaction: Considerations for the Modern Workplace

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

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

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

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

Pennsylvania Court Holds State Wage Law Applies to Overseas Work

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

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

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

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

Stiffing Corporate Lobbyists; Short-Time Work Salvation; Nurses on the Line

DC LERA Program: Navigating the Future of Work in the Age of Pandemics and Social Movements

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

House Committee Holds Hearing on Work-Life Balance Award Act

Forthcoming Employee Rights Employment Policy Journal Symposium on Decent Work

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

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

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

Friday follow-up: Covid quarantine/isolation, politics at work, and crab people

Department of Labor Releases Smartphone Application for Tracking Employee Work Hours



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

EEOC Files Lawsuit Against Hilton Hotels Chicago For Hostile Work Environment

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

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

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

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

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

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

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

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

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

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

Of Bankruptcy, Legal Action, and Marquette Law School’s Many Partners in Pro Bono Work

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

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

Lesbian Fitness Instructors File Hostile Work Environment Lawsuit Against Gym Owner

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

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

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

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

Walmart wins discrimination claim brought on behalf of pregnant employees unable to work

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

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

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

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

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

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

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

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

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

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

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

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


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

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

Pro Bono Work Brings Law Students to Fort McCoy to Help Afghans Seek Asylum

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

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

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

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

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

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

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

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

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

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

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

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


Coronavirus Update 1-25-2021: President Biden calls for unemployment benefits to employees who refuse to work because of Covid

WorldatWork’s Work in Progress podcast—Episode 118: A Conversation with Employment/Labor Attorney Jon Hyman

Legal System Leaders Say Hard Work and Cooperation Have Showed Pros and Cons of Remote Court Operations

Politics and work don’t mix: Southwest Airlines investigating pilot for “Let’s go Brandon” in-flight announcement

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

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

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

Politics and work don’t mix: Southwest Airlines investigating pilot for “Let’s go Brandon” in-flight announcement

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

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

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

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

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

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

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

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

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

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

Who are this year’s crop of nominees for The Worst Employer of 2021? Check out today’s episode of Hostile Work Environment to find out.

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

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

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

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

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

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

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

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

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

Coronavirus Update 8-17-2021: Are your work-from-home employees working more one job from home?

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

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

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

Coronavirus Update 5-25-2021: How to enforce masks rules at work without breaching ADA confidentiality rules

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

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

Law Students Now Allowed to Work for Free at Law Firms

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

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

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

Coronavirus Update 3-9-2021: CDC says fully vaccinated people can safely visit fully vaccinated Grandma (but still have to keep wearing masks at work)

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

My one work rule to rule them all

Have an Employment Law question?