Are there any defenses available to an employer against a defamation claim?

Yes, there are defenses available to an employer against a defamation claim in California. First, truth is always a defense to defamation. This means that if an employer is able to prove that the statement they are being accused of defaming is accurate, then they may be able to defend themselves against the claim. Second, employers may also be able to raise the defense of “ absolute privilege.” This defense will protect employers if they are making statements in an official capacity and have a duty to do so. An example of this could include comments that an employer is making at an employee’s hearing. Third, employers may also invoke “qualified privilege” as a defense. This defense applies when the statement made was based on opinion and the individual was required to make it in order to properly perform their job duties. Finally, an employer may be able to successfully raise the defense of “innocent dissemination.” This defense applies if the employer had no knowledge that they were making a defamatory statement. An example of this could include if the employer was simply repeating something that another person had said. Ultimately, if an employer is able to successfully raise any of these defenses, they may be able to avoid any potential liability associated with a defamation claim in California.

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Are there any defenses available to an employer against a defamation claim?

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