HR experts in the United States are reporting an increase in the amount of defamation lawsuits. 

A news outlet for tech-focused legal professions, The Recorder, recently spoke to employment lawyers in the Silicon Valley and found that when it comes to wrongful termination and discrimination lawsuits against employers, many are adding defamation to their claims.

The Recorder said that one source claimed at least 60% of his wrongful termination and harassment cases include some sort of defamation claim.  This same source claimed that defamation claims are being tacked on whether they’re applicable or not.

Why, though?  Well, a defamation claim gives the plaintiff yet another way to recover money, while increasing their chances of doing so.  Basically, terminated employees are citing that the reasons for termination are hurting their reputation, making employment hard to find.

While it is admitted that defamation was always an avenue terminated employees could take, it is just now becoming more and more prevalent in wrongful termination cases…mainly because it’s working. One employee managed to collect over $5 million dollars because of the defamation claims. 

Thankfully, employers aren’t completely powerless in these cases.  As long as there is proper documentation, it is hard for a judge to rule against the employer.  Many times, terminated employees win in defamation cases because the employer doesn’t have incidents properly recorded. If the employer claims an employee is constantly late, tardiness needs to be documented in the form of time cards or attendance records.  All the employer has to do in these cases is prove that the alleged defamatory statement is true.