Defamation Law

A defamatory statement occurs, when an employer or a third person either in writing or through words only, harms a person’s reputation. When the defamatory statement is made in writing only, it is called “Libel” and when it is made orally only, “Slander.”

Under D.C. Law, a defamatory statement is made when an employer or a defendant, (1) makes a false and defamatory statement concerning the plaintiff; (2) that the defendant published the statement without privilege to a third party; (3) that the defendant’s fault in publishing the statement amounted to at least negligence; and (4) either that the statement was actionable as a matter of law irrespective of special harm or that its publication caused the plaintiff special harm. Blodgett v. The University Club, 930 A.2d 210, 222 (D.C.2007); Shirelette Wilkins v. Howard University (D.C. 2011)

A defamatory statement however may still not be actionable, if the statement is protected by the common interest privilege. That is, when a defamatory statement is made to 3rd parties as part of an employer’s work duties or functions, the statement may not be defamatory. (Also known as the “Business Purpose” exception or privilege to defamatory statements.)

Finally Defamation cases can also be very expensive to pursue with legal fees averaging anywhere from $10,000-$30,000. And since there is no attorneys fees provision, there is no guarantee that you will be able to recover these costs were you to win.

If you feel that you have been defamed kindly contact our office.