Are there any defenses available to an employer against a defamation claim?
Yes, there are defenses available to employers against a defamation claim in Washington. The most common defense is called the "truth" defense. This means that the employer must prove that the statement made was true. If the statement is found to be true, the claim of defamation fails. Another defense is the opinion defense. This means that the employer must prove that the statement was a matter of opinion rather than fact. If the statement is found to be opinion, the claim of defamation fails. Washington also recognizes the privilege defense. This means that the employer has the right to express opinions in certain circumstances, such as job reviews and personnel decisions. If the employer can show that the statement was privileged and not malicious, the claim of defamation fails. Washington also recognizes the fair comment defense. This means that the employer must show that the statement was based on facts in the public domain, and that their opinion was made without malice. If the employer can show these elements, the claim of defamation fails. In addition to these defenses, the employer may also raise the statute of limitations defense. This means that the employer must show that the claim was made outside the applicable statute of limitation period. If the employer can prove this, the claim of defamation fails.
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