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.

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

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

Tortious Interference with Contract Requirements: –P’s reasonable expectation of entering into contract –D’s knowledge of P’s expectation –D’s purposeful interference preventing P’s expectation from being fulfilled –P suffers damages as result of D’s conduct Was D’s conduct privileged? –reference or disclosure in good faith or because of legal duty

Workplace Torts: Negligent Hiring, Supervision or Retention Did Employer unreasonably overlook Employee’s 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