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.