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For all the employer knew, the drug test was accurate, and it had no reason to believe otherwise.
An employee must prove actual damage in a defamation case, unless the words used to defame the employee amount to defamation "per se." Employees can prove actual damage if the defamatory statement costs them their job.
Is there any basis for a I am a teacher in Texas and recently received an email from a student's mother that I attempted to have her son removed from my classroom due to him being an African American. My husband was recently terminated from a job he had held for 25 years.
He was one of the top earning sales people in the company.
For example, an employer that informs an employee assistance program that a truck driver tested positive for heroin use is not liable for defamation if the positive test was false because the employee did not tell the drug testing lab that he was taking prescribed Vicodin.I have had consistent challenges with one, where my female gender and younger age set me apart from the entire sales staff I deal with the...I am a teacher in Texas and recently received an email from a student's mother that I attempted to have her son removed from my classroom due to him being an African American.The qualified privilege protects employers from verdicts for false and harmful references, as long as the employer did not act with malice when it made the false reference.Each state has its own test for proving defamation at work.