Is an employer held liable for defamatory statements made by an employee?

In Idaho, an employer may be held liable for defamatory statements made by an employee depending on the circumstances. Generally, employers cannot control statements made by their employees outside of the workplace, as they could not reasonably be aware of what was said. However, employers can be held liable for defamatory statements made by their employees if they were aware of the statement and failed to take action to stop it. An employer can also be held liable if they either authorized the statement or contributed to it by supplying information or encouraging its dissemination. Additionally, if the employer is responsible for creating a culture which allowed a defamatory statement to be made and disseminated, then the employer may be held liable for the damage that resulted. Thus, an employer can be held liable for defamatory statements made by an employee if they were aware of the statement and failed to take action, authorized the statement, supplied information or encouraged its dissemination, or created a culture which allowed a defamatory statement to be made and disseminated. Ultimately, the legal analysis will depend on the particular facts and circumstances of the case.

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Is an employer held liable for defamatory statements made by an employee?

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