Under the categorical heading of defamation suits arising out of the employment termination context, there is a small but growing subcategory of cases known as the compelled self-publication cases. In this subcategory, the discharged employee sues the former employer on the basis of an allegedly false and defamatory statement made by the former employer exclusively to the discharged employee at the time of the employment termination. The seemingly absent element of publication of the statement is provided by the discharged employee's repetition of the statement, under effective compulsion, to a prospective employer. The author examines the development of the compelled self-publication doctrine, explores its strength and weaknesses, and recommends its adoption by other courts as they face the issue.
Arlen W. Langvardt,
Defamation in the Employment Discharge Context: The Emerging Doctrine of Compelled Self-Publication,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol26/iss2/4