Employee-initiated defamation lawsuits: Organizational responses and dilemmas

The fast-growing category of defamation lawsuits in the United States involves actions by employees against their employers. Over the last decade, the courts have increasingly ruled in favor of the employee plaintiffs, thus creating an employee's right to reputation. This article identifies a variety of responses undertaken by organizations to reduce their legal liability and lessen the likelihood of employee defamation lawsuits. We argue that while organizational actions to reduce their legal liability may appear rational, such responses may also be creating situations in which employers, employees, and the public may be the unintended victims of a law without justice. The article concludes with a discussion of balancing the freedom necessary for managers to communicate about employees and the fairness of that communication.