Defamation: Containing Fire And Fury In The Deep Blue State

Seyfarth Synopsis: As Californians grow tragically familiar with wildfire, California employers face another threat of fire in the form of defamation lawsuits. The rapidly burning #MeToo anti-harassment movement, and constant talk in the news about peoples' reputations being destroyed, has rained down fire and fury for California employers forced to consider possible defamation lawsuits by current or former employees.

Stoking the Fire: How Defamation Lawsuits Begin

Workplace defamation lawsuits can flare up in various ways: the administration of performance reviews, background and reference checks, and conducting workplace investigations. But the fires often burn fiercest in the context of harassment lawsuits. In defending a workplace harassment lawsuit, employers must use caution in making any statement about the litigation that could harm a plaintiff's reputation, particularly where it comes to providing employment references. Employers who fail to do so