Defamation / Libel & Slander

Defamation/Libel & Slander claims may arise in various situations. For example, in the context of one's employment, defamation could occur in employee reviews, investigations of employee misconduct, discipline, or, most commonly, post-employment references.

To establish a claim for defamation in Florida, a person must show:

(1) the defendant published a false statement;

(2) about the person;

(3) to a third party; and

(4) the falsity of the statement caused injury to the person.

Where the alleged defamatory statement was made by an employer in response to a prospective employer's reference request, the employer may be immune from suit unless it is shown that the employer did not make the statement in "good faith." Regardless of whether the defamation occurs in employment or any other context, the statute of limitations for filing a defamation claim in Florida is two (2) years.

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The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.