Opinion Expressed in Performance Review is not Defamatory - Oct-08
Mabrouk Chaara (“Chaara”) was an engineer for Intel Corporation (“Intel”). During his annual review, Chaara was advised to work on his communication skills. Thereafter, when Chaara failed to receive a promotion, he filed suit, alleging the review was defamatory.
Intel argued Chaara’s performance review could not be defamatory because it merely expressed an opinion regarding Chaara’s performance and opinions are not defamatory under the law. The court agreed stating Chaara's review was “an entirely subjective judgment about Chaara's communication skills . . .” Thus, the court found the statements were not defamatory.
The Chaara ruling establishes that an employer will not be liable for critical statements in a performance review so long as the statements merely reflect the opinion of the reviewer.
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