Workplace Communication Risks: Avoiding Defamation and Liability in the COVID-Era Workplace
June 15, 2020
As workplaces shifted to remote and hybrid environments during COVID-19, everyday employee communications—emails, chats, and social media posts—began carrying greater legal risk. A Bloomberg Law insight authored by Bean, Kinney & Korman attorney R. Douglas Taylor Jr. highlights how casual or unverified statements about coworkers’ health, behavior, or workplace conduct can trigger claims for defamation, invasion of privacy, or violations of employment laws. For example, falsely stating that a colleague has COVID-19 or accusing someone of spreading it could expose both employees and employers to liability, particularly where medical information is protected under laws like the ADA. The authors emphasize that the shift to digital communication lowers inhibitions while expanding the audience—and potential harm—of workplace statements. For employers asking what employees can and cannot say at work, the key takeaway is that informal communication still carries formal legal consequences, and organizations must reinforce clear policies and training to reduce risk.
Casual workplace comments can quickly become legal issues in a digital environment. Bean, Kinney & Korman attorneys can help employers develop policies and training that minimize risk and ensure compliant workplace communication.