Defamation
- In order to state a claim of defamation, a plaintiff must allege facts indicating that (1) the defendant published a false statement regarding the plaintiff - that is, the defendant communicated the statement concerning the plaintiff to a third party; (2) the statement could damage the plaintiff's reputation in the community; and (3) the statement caused economic loss or is otherwise actionable without proof of economic loss. Flagg v. Alimed, Inc., 466 Mass. 23, 37 (2013)
- Under the doctrine of respondeat superior a Company is vicariously liable for the torts of its employees if the torts are committed within the scope of their employment. Burroughs v. Commonwealth, 423 Mass. 874, 877 (1996)
- An employer has a conditional privilege to disclose defamatory information concerning an employee when the publication is reasonably necessary to serve the employer's legitimate interest in the fitness of the employee to perform his or her job. Performance reviews are subject to the conditional privilege. McCone v. New England Telephone and Telegraph Company, 393 Mass. 231, 235-236 (1984)
- The conditional privilege can be lost if (1) there is unnecessary, unreasonable or excessive publication, (2) the defendant published the defamatory statements with knowledge of their falsity or with reckless disregard of the truth, or (3) the defendant acted with actual malice. Barrows v. Wareham Fire District, 82 Mass. App. Ct. 623, 631 (2012)
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