Employers and employees alike often assume that “free speech” governs what can be said in the workplace. But the First Amendment to the United States Constitution offers limited protection in private employment settings. And everyday workplace communications can create real legal exposure. This program explores how defamation claims arise in the workplace in five common situations: workplace investigations, “for cause” terminations, reference checks, social media issues, and employee departures. Designed for both legal and HR professionals, the session provides a practical framework for navigating sensitive communications, avoiding overstatement, and reducing risk in moments where words matter most.
Key Takeaways:
- Breakdown of First Amendment protections and the legal definition of a defamation claim and defenses (including privilege).
- Practical framework for managing high-risk workplace scenarios where words spoken can trigger defamation claims.
- Concrete strategies to reduce legal exposure: stick to documented facts, avoid overstatement, and know when to seek legal review.
If you have any questions, please contact Arika Hansen.
Educational Credits:
HRCI and SHRM
- The firm is submitting this webinar for credit.
CLE
- Fisher Phillips will make all reasonable efforts to obtain CLE credit for this program in every state that is relevant to attendee’s CLE needs. In certain instances, some programs may not be awarded CLE credit because of content, delivery or jurisdictional restrictions.
Fisher Phillips is committed to providing access to all of our events for disabled attendees. Automated closed captioning is available for all of our webinars. For other accommodation inquiries, please give us three business days advance notice prior to the scheduled event by contacting Arika Hansen. Thank you.


