What is the test for damages for defamation when an employee makes a statement that is deemed defamatory?
California, United States of America
The following excerpt is from Tilkey v. Allstate Ins. Co., 261 Cal.Rptr.3d 435 (Cal. App. 2020):
require proof of actual damages. We do not find these theories in conflict. In an action for defamation per se, the meaning is so clear from the face of the statement that the damages can be presumed. ( Contento v. Mitchell (1972) 28 Cal.App.3d 356, 358, 104 Cal.Rptr. 591 ( Contento ).) However, that presumption does not mean an employee does not anticipate injury; nor does it mean there is no injury.
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