Can it be considered a defamation case if there are false statements made in an employee evaluation?
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Can it be considered a defamation case if there are false statements made in an employee evaluation?
My employer recently did evaluations. In my evaluation there are a lot of false statements specifically she says I sometimes dress unprofessionally but has never pointed it out to me but I wear the same attire I’ve been wearing since I started in which my first evaluation it was never stated. She also verbally said to me that my “personal grooming” habits were an issue I’m a very clean person. She said I was not a team player and that I did not participate in community events which is also false I’ve made cakes and taken pictures for these events. My list could continue but everything was false.
Asked on December 11, 2011 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This probably is not actionable defamation. The issue is, while you believe this statements to be false, they are essentially opinions--what you consider good grooming another might not; what you consider professional dress, the supervisor might not; and even the issue of community participation may could be an opinion, since you and she could differ as to what constitutes "participation" (maybe, to her, making cakes and taking pictures doesn't count sufficiently). Only things that are clearly factual statements--such as claiming you were excessively absent when employment records, time sheets, payroll, etc. shows you were not--would be defamation; opinions, no matter how hurtful or how much you would disagree, are not.
In addition, defamation arises from statements made to third parties; if the evaluation was made only to you directly, it would also not be defamation for that reason, too.
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