A person’s reputation is often their most important asset. Without a good reputation, a person could struggle to find employment or grow their business. They might lose key business contacts or lose out on opportunities to serve on a board of directors.
In New Jersey, many employees are damaged when their employers make factually inaccurate statements about them. Misstatements can arise in many situations, such as when giving a reference for a current or former employee. In some situations, a coworker could defame you by posting false information on public forums, like social media.
Below, our New Jersey employment law attorney reviews the law of defamation of character in our state.
Defamation Defined
A person commits defamation when they deliberately or negligently make a false and disparaging statement about a person to a third party. Negligence means a failure to use adequate care, so someone who makes an untrue statement because they did not do sufficient research could also have committed defamation.
In most cases, a victim must also show how the defamation injured them materially, i.e., cost them money. Loss could consist of cancelled business contracts, getting fired, failure to secure an expected promotion, etc.
In some cases, no financial loss is required because the defamation is so harmful that it is considered defamation per se. Examples include falsely accusing a person of criminal conduct or promiscuity.
Examples of Defamation
Here are some common examples of defamation:
- While providing a reference, a former employer lies and claims to have fired the worker for theft. The worker does not get the new job.
- A business owner lies and tells the media that a vendor supplied substandard material, which causes the vendor to lose business.
- On Facebook, a man falsely accuses his coworker of sexually assaulting him.
- While providing a reference, an employer fails to properly check how much the employee made at the company and provides inaccurate information. This inaccurate information causes the employee to not get the new job.
A victim must be sufficiently identified by the disparaging statement. For example, a generic statement like, “Someone at my business assaulted me” is not defamatory, since it does not disparage a particular person. However, in some cases, the person’s identity can be implied by context.
Rules Regarding Public Figures
Generally, it is enough that the statement was made negligently. However, in some cases, injured victims must show that the disparaging comments were made with actual malice, which typically means that the speaker knew the statement was false or was reckless regarding the truth.
Actual malice is required when statements are made about public figures, such as police officers, mayors, tax assessors, or other government officials. If a private citizen inserts herself into a public controversy, she could also be considered a limited purpose public figure.
Statute of Limitations
Per N.J.S.A. 2A:14-3, an injured victim has only 1 year from the date of the defamatory statement to file a lawsuit for compensation.
Contact a New Jersey Employment Lawyer
Defamation of character cases are difficult to win in New Jersey. The victim must prove the statement was false, and defendants can raise many defenses. Meet with a New Jersey employer defamation of character lawyer on our team to discuss your case today.
FAQs About What Is Defamation of Character in New Jersey
What is the legal definition of defamation in New Jersey?
In New Jersey, defamation occurs when someone deliberately or negligently makes a false and disparaging statement about another person to a third party. To be successful in a claim, the victim generally must prove the statement was false, that it identified them specifically, and that it caused them material injury (such as financial loss).
How long do I have to file a defamation lawsuit in New Jersey?
According to New Jersey statute N.J.S.A. 2A:14-3, the statute of limitations for defamation is very short. An injured victim has only one year from the date the defamatory statement was made to file a lawsuit for compensation.
Do I always have to prove financial loss to win a defamation case?
Generally, yes; however, there is an exception for defamation per se. This applies when a statement is so inherently harmful that the law presumes damages without requiring proof of financial loss. Examples in New Jersey include falsely accusing someone of criminal conduct or promiscuity.