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

In Virginia, employers can be held liable for defamatory statements made by an employee. This is known as vicarious liability. This means that an employer can be held responsible for the actions of their employee, even if the employer did not explicitly condone or direct the employee to say something defamatory. The courts may find that an employer should be held responsible when an employee makes a defamatory statement if the employee made the statement while conducting job duties, and the employer did not take reasonable steps to prevent the employee from making such statements. Additionally, employers may be liable if they take any action which could be considered “ratifying” the employee’s statement. This means that if the employer does not take corrective action after being made aware of the employee’s statement or do what they can to distance themselves from the employee’s statement, they may be found liable. It is important for employers in Virginia to be aware of defamation law to ensure that employees are not making defamatory statements. Employers should also be sure to take action if they become aware of an employee’s defamatory statement, to try and limit their own potential liability.

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