Workplace Torts: Defamation

1
Workplace Torts Defamation

• Defamation Requirements
• Defamatory Comments
• Disclosure to 3rd Party (Publication)
• Harm to Good Name
• Privilege -- Communication protected Absolute
  or Qualified
• Truth is Defense
• Employment References -- Some State Legislation
  to Protect -- Ok., Ga., Ill., Cal.

2
Workplace Torts Invasion of Privacy

• Invasion of Privacy
• Unreasonable Intrusion into Seclusion or Private
  Affairs
• Disclosure of Private Facts
• Putting P in False Light
• Appropriation of Likeness or Name for Pecuniary
  Advantage

3
Workplace Torts Intentional Infliction of
Emotional Distress

• 4 Basic Requirements
• Outrageous or Unreasonable Conduct
• Intentional or Reckless Conduct
• Causes Emotional Distress
• Emotional Distress is Severe
• Conduct Must Be Beyond Normal Workplace Conduct

4
Tortious Interference with Contract

• Requirements
• Ps reasonable expectation of entering into
  contract
• Ds knowledge of Ps expectation
• Ds purposeful interference preventing Ps
  expectation from being fulfilled
• P suffers damages as result of Ds conduct
• Was Ds conduct privileged?
• reference or disclosure in good faith or because
  of legal duty

5
Workplace Torts Negligent Hiring, Supervision
or Retention

• Did Employer unreasonably overlook Employees
  history or propensity to engage in behavior
  causing harm?
• Did Employer know or should have known of
  propensity?
• Did Employer place employee in position to cause
  harm?
• Failure to check references
• Claims by co-workers may be pre-empted by
  workers compensation legislation