Abstract
The common law theory of defamation of character involves the invasion of one's interest in protecting his or her reputation. An actionable claim for defamation generally arises when false and defamatory facts about someone are communicated by the originator of the defamatory material to someone other than the person defamed. Under certain circumstances, however, the originator may be liable if the defamatory material is communicated to a third party by the defamed person himself or herself. This article examines what appears to be an emerging trend among the courts to recognize and apply the doctrine of self-defamation to the employment context. State and federal court decisions are summarized in order to identify and illustrate the relevant legal principles.
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Hames, D.S. Self-defamation: Is a trend emerging?. Employ Respons Rights J 5, 59–64 (1992). https://doi.org/10.1007/BF01407808
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DOI: https://doi.org/10.1007/BF01407808