23-1325. Defamation; damages

A. A person commits defamation of an employer by doing all of the following:

1. Maliciously making a false statement about the employer to a third party without privilege.

2. Knowingly, recklessly or negligently disregarding the falsity of the statement.

3. Causing damage to the employer by the false statement.

B. An employer against whom defamation is directed or who is injured by defamation may obtain injunctive relief from the defamation.  A person who commits the defamation is liable to any person injured by the defamation for damages, prejudgment interest, attorney fees, the costs of litigation and punitive damages. The damages may include lost sales and business, lost profits and loss in value of the business.

C. A labor union or a subdivision or local chapter of a labor organization is bound by and liable for the acts of its agents and may sue or be sued in its common name.