Is an employer held liable for defamatory statements made by an independent contractor?

In California, an employer can be held liable for defamatory statements made by an independent contractor, but it is not always a given. When the independent contractor is acting as an agent of the employer and is performing a task which the employer has requested, there is a possibility of liability. This is typically referred to as the doctrine of respondeat superior, a Latin phrase meaning "let the master answer." When an individual is an independent contractor, and not an agent of the employer, the employer is generally not held liable for defamatory statements made by that person. The individual would then be held responsible for the false statement. In California, employers can also be held responsible for defamatory statements that are published or broadcast on their behalf by third parties. This can include statements made in advertisements or by representatives of the company. Ultimately, the question of whether an employer is liable for defamatory statements made by an independent contractor depends on the specific facts of each case. It is always advisable to speak with an experienced attorney to evaluate the facts and determine if the independent contractor was acting as an agent of the employer.

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Is an employer held liable for defamatory statements made by an independent contractor?

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