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Talking About An Employee’s Termination Leads To Defamation Claim

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Since you can't take back the words after they've left a manager's mouth — or take back the e-mail after the manager has hit the send button — you need to train managers to think about what's appropriate and what's not before they speak (or send). Post-termination communication is one area in which managers can get into trouble in terms of defamation or libel claims, but you can cut the risk if you set ground rules.


Faux pas often occur when emotions run high. While a termination is obviously an emotional time for the employee being let go, keep in mind that a manager may be just as emotional, perhaps angry about the employee's behavior that warranted the termination. Some of the employee's co-workers probably won't be shy in asking why the employee was let go. Management must be discreet in responding. While the truth is generally the best defense against a defamation claim, it is not an absolute defense if m...(register to read more)

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