NCJ Number
118100
Journal
Trial Volume: 25 Issue: 6 Dated: (June 1989) Pages: 40,41,42,43,44
Date Published
1989
Length
5 pages
Annotation
This article discusses tortious injuries in the workplace, such as injuries to reputation, intentional infliction of emotional distress, and injuries to third parties as a result of employer negligence.
Abstract
Defamation is an injury to one's reputation. In the workplace, defamation can come in the form of employee evaluations, disciplinary actions, employment references, overheard remarks, or written remarks in a memo. For defamation to be actionable, the employer's publication of the untrue statement must be intentionally or recklessly made to a third party and deemed as a statement of fact, rather as an expression of opinion. In this age of the stressful workplace, employees may recover for intentional infliction of emotional distress if the employer's conduct is extreme and outrageous and intent on causing emotional distress. In negligent hiring claims, an employer may be liable for the acts of the employee if those acts are committed within the scope of the employment. 12 notes.