High Court: Self-Publication of Defamation Not Recognized in Texas

January 26, 2018

Via: HR Hero

The Texas Supreme Court recently issued a decision that may put some employers at ease.

When it comes to defamation claims in Texas, several elements are required, including “the publication of a false statement of fact to a third party.” Generally, that doesn’t include instances of self-publication—when the defamed person himself relays the defamatory statements to a third party.

In a recent case, the Texas Supreme Court refused to recognize the theory of compelled self-defamation (self-publication). In doing so, it reinforced the at-will employment doctrine while at the same time protecting employers from employees who may self-defame to run up damages for a future lawsuit.

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