Defamation claims are on the rise in the workplace. Especially in connection with employee terminations, more and more employees subject to adverse action by their employers are turning to defamation actions as a means of challenging those employment decisions. The circumstances underlying these claims typically stem from the employee’s belief in the unfairness of the termination or other adverse action, rather than alleged statements that may have been made about him or her. Yet, because state and federal laws generally preclude wrongful termination claims by at-will employees, terminated employees are using claims for defamation as a tenable legal substitute.

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