An employee is upset because a co-worker has been spreading rumors about her. She is threatening to file a lawsuit. If she does, what type of allegation would she be making, and what are the elements of the claim that she will need to prove in order to be successful in her lawsuit?
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In this case, an employee is upset because a co-worker is spreading rumors about her. The allegation that she is making is defamation, also called defamation of character (both terms are correct and interchangeable). In order to prove defamation, she needs to prove that four elements exist. Those elements include that a statement made by the co-worker was (1) published, (2) false, (3) injurious, and (4) unprivileged.
Published refers to the fact that the statement made by the co-worker was either seen or heard by another party. Published does not refer to the literal sense of ...
This solution provides a detailed, comprehensive discussion regarding the workplace situation described. The appropriate laws and elements are discussed, and the exact elements that need to be proven in the case are comprehensively identified.