Jottings By An Employer's Lawyer |
Saturday, April 17, 2004
Connecticut Supreme Court Rejects Compelled Self Publication
Our own jurisdictional survey leads us to agree with the Court of Appeals' assessment that "most jurisdictions have yet to recognize compelled self-publication defamation or have expressly rejected it." ... Furthermore, although as many as seven state appellate courts have adopted the doctrine; ... the highest appellate courts of only two states, Colorado and Minnesota, have adopted it. Moreover, in both those states, the legislatures responded by eliminating or restricting the doctrine's application.The Court went on to reject it primarily because of the harm it would do to open communications between employers and employees if employers were afraid that anything they said to an employee could be "retold" and serve as a basis of liability. A clearly reasonable fear, and thus, a totally reasonable decision.
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