Legal Question in Personal Injury in California
Defamation of character
let us say that someone went to an interview and the prospective employer received an e-mail describing how the prospective employee had misappropriated and taken money from his previous employer and had to return it( a large some of money). If that is true but there exist some exaggerations in the statement portraying the individual as dishonest and manipulative (personal opinion), does this constitute defamation is it actionable and what needs to be proven by either party?
2 Answers from Attorneys
Re: Defamation of character
It does not sound like the person has a viable defamation claim. First, personal opinion (versus a representation of fact) is generally not actionable. Second, truth is a defense to a defamation cause of action. Third, there is a California statute that provides a degree of immunity for comments made by a previous employer to a potential new employer.
Nevertheless, a consultation with an attorney that handles defamation cases is warranted before giving up on the potential claim.
Re: Defamation of character
Defamation is the publication (telling to a third party) of untrue statements. If the person told lies (not opinions), this is defamation. If there was defamation, the person would also have to prove they were damaged by that untruth and would be able to be compensated for those damages.
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