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Internal Communications Lose Qualified Privilege In Defamation Claim

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Internal communications among management personnel generally have a "qualified privilege" that protects the communication from defamation claims. The purpose of the privilege is to encourage the free flow of information necessary for making efficient, intelligent employment decisions. The privilege has limits, though. It can be lost if the intra-corporate communication is made with malice.


Privilege Lost

An admissions counselor at an extended care facility was given permission by a recently deceased resident's niece to do whatever she wanted with her aunt's furniture and personal property. The counselor kept two chairs, gave a dresser to another employee, and informed the maintenance supervisor that the remaining furniture was available for use in the facility.


The maintenance supervisor informed the facility administrator of the arrangement. The facility administrator then informed the admissions counselor t...(register to read more)

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