An element of a defamation claim is that the defamatory statement was published to a third party. Plaintiff-employees sometimes attempt to satisfy this element by arguing that, while the former employer never published any defamatory statements about the employee to a third party, the employee is compelled to self-disclose the reasons for his or her
Defamation
Texas Employee Awarded $11.6M by Austin Jury in Defamation Case
By Russell Cawyer on
Posted in News & Commentary
It’s a rare day in Texas where a single-plaintiff employment case results in a seven or eight figure jury verdict. However, as the Austin Business Journal recently reported,Microsoft was hit with an $11.6M jury verdict in a defamation case filed by a former employee falsely accused of sexually harassing a Microsoft contractor.
Defamation cases…
Managers and Supervisors Should Follow Their Employer’s Neutral Reference Policies
By Russell Cawyer on
Posted in Human Resources
Many employers understand the need for having a neutral reference policy (i.e., a policy whereby only dates of employments, positions held and sometimes last salary is disclosed). The policies help prevent and defend against potential defamation claims by former employees. Last week, I attended a panel discussion on Post Employment Conduct by Employers and Employees: Not the…