How Can I Prove False Allegations at Work?

Author: Mesriani Law Group
Posted on: December 25, 2020

One of the most frustrating things that can happen is to be falsely accused at work.

False allegations are claims of wrongdoing that is untrue or unsupported by facts. It’s also known as false accusations, groundless accusations, or false claims.

These false statements are considered defamatory. The two types of defamatory statements are slander (verbal) and libel (written).

Defamation Per Se

Some types of false statements are so damaging, they’re considered defamation per se. In California, the interpretation of defamation per se is very broad. Defamation per se includes any statement that is damaging on its face and does not need further explanation.

Examples include falsely accusing someone of committing a crime, having a contagious disease, being unfit for a job, or that a person is impotent. 

Defamation Per Quod

Statements that are not defamation per se are considered defamation per quod.  Under California law, these statements are not defamatory on its face but will require proof that the statement is defamatory.

Elements to Prove Defamation

To prove defamation, the following elements must be met:

  • Publication of the defamatory statement – To make a defamation claim, the statement must have been published to a third person who understands its defamatory meaning. The statement doesn’t even have to be made public or in front of a large crowd. As long as the communication was made to another individual, it’s sufficient.
  • Proving that the defamatory statement is false – The statement made must not be true.
  • Unprivileged defamatory statement – The defamatory statement made was unprivileged to a third party. This means that the publisher of the false statement didn’t have the right or privilege to make that statement to a third party.
  • Proving damages – The victim of the defamatory statement must be damaged by the statement. For example, your reputation was damaged as a result of the defamatory statement.

Damages in Defamation Cases 

If you’ve been a victim of defamation, you may be entitled to damages.  These damages are compensation paid through a civil lawsuit. After winning a defamation case, you could be entitled to one of the following:

  • General damages – include loss of reputation, embarrassment, shame, and hurt feelings
  • Special damages – include damage to a victim’s occupation, business relationships, or property
  • Punitive damages – additional damages intended to punish the party at fault and others from acting similarly in the future.

These damages are awarded to victims to compensate for them any anger, frustration, or loss as a result of the defamatory statements. 

Consult with a False Allegation Attorney Today

False allegations at work can cause serious damage to your reputation. If you’re a victim of defamatory statements, don’t hesitate to contact our law office today. Our experienced lawyers can help you understand your legal rights and determine if you have a case. We are confident that our experienced Los Angeles attorneys can obtain the maximum compensation for your case and offer a “no win, no fee” guarantee. Contact Mesriani Law Group today for your free legal consultation and let us help you get the justice you deserve.