EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence
Single Topic for Decision 2591M
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501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence
501.02000 – Burden of Proof; Evidence
To lose statutory protection, an employee’s speech must be maliciously untrue. Any party alleging that another party acted with “actual malice” must satisfy a heightened standard of proof by coming forward with “clear and convincing” evidence. Assertions largely based on opinion unlikely to lose protection under actual malice standard.