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Is defamation legal in the workplace by a coworker? Indiana.

Customer Question
Is defamation legal in...

Is defamation legal in the workplace by a coworker?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state you're in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

I have met with my Personnel Director and shared my concerns.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My boss has also discussed these issues with me as well as other staff members.

Submitted: 4 months ago.Category: Employment Law
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Answered in 23 minutes by:
3/11/2018
Employment Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Employment Law
Satisfied Customers: 2,606
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your civil law question this evening. I'm attorney assisting you with your question is relation to defamation in the workplace.

There wouldn't be a privilege to use defamatory words or writings about you in your workplace.

If words spoken or written were incorrect, false and damaging to your character you can sue in civil court.

Thee defendant would have to show that the statement was in fact true to exonerate himself.

The statute lists this as:

"

IC 34-15-1-1
Allegation; burden of proof
Sec. 1. In an action for libel or slander, it is sufficient to state generally that the defamatory matter published or spoken was about the plaintiff. If the defendant denies the allegation, the plaintiff must prove at trial the facts showing that the defamatory matter was published or spoken about the plaintiff.
As added by P.L.1-1998, SEC.10.

IC 34-15-1-2
Truth; mitigating circumstances; evidence
Sec. 2. In an action for libel or slander, the defendant may allege:
(1) the truth of the matter charged as defamatory; and
(2) mitigating circumstances to reduce the damages;
and give either or both in evidence."

There may be the possibility to sue for punitive damages where there maliciousness involved on the communicated information that was personally damamging.

Here is some more information on the topic:

http://kellywarnerlaw.com/indiana-defamation-laws/

We are here to help so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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