Defamation of Character: Per Quod vs. Per Se By Dan Atkerson on June 05, 2015

Defamation of character is a problem that employees can face in the workplace, or even when searching for a job. Defamation is split into two categories: slander, false statements that are spoken; and libel, false statements that are printed.

Cases involving defamation of character, whether printed or spoken, often require proof that the defamatory language used against you was false as well as proof that you suffered harm as a result. Defamation can harm you in a variety of ways; you could lose your job, or be evicted from your home, or lose work clients, etc. This kind of defamation is known as defamation per quod.

There is another type of defamation that does not require proof of harm, only that the defamatory statement was false. This is known as defamation per se. In these cases, the false statement alone is severe enough to produce harm that is obvious to anyone without the need for proof.

Defamation per se laws vary by state, but in Texas, the law presumes that the following statements are defamatory per se:

  1. statements that unambiguously charge a crime, dishonesty, fraud, rascality, or general depravity
  2. statements that are falsehoods that injure one in his office, business, profession, or occupation.
Defamation of character has become more and more common with the advent of online social media. If you believe that you have suffered defamation on a professional level, speak to an employment law attorney to determine whether you might be entitled to damages, including damages for loss of reputation or mental anguish.

Atkerson LawDallas Employment Law Attorney

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Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • The State Bar of Texas
  • The Dallas Bar Association
  • The United States Court of Appeals Fifth Circuit
  • Texas Supreme Court and all Texas trial and appellate courts
  • Texas federal courts for the Northern and Eastern Districts of Texas

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule a consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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