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Expert Analysis

3 Key Points About Mass. Employee Defamation Claims

By David Henderson (September 21, 2017, 10:42 AM EDT) -- Defamation law is complex and its nuances legion for many reasons, including the fact that a defamatory communication can be oral, written, a gesture or expression, or an idea conveyed by behavior.[1] And an employer's communication about an employee that is not defamatory nevertheless can create employer liability.[2] Still, Massachusetts employers are likely to find useful a short, relatively straightforward, unpublished opinion that the Massachusetts Appeals Court issued on June 15, 2017, because it explains the "conditional privilege" that can serve to protect employers from employees' defamation claims....

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