Sunday, June 20, 2010

A Defamation Case


Today, in cyberlaw class we learnt about defamation( damaging one person's reputation by publishing false communication). For being sure to understand all aspects of defamation, I searched about latest case related to this issue. Here is the interesting case that I found.

One of the ex-employee of Rite Aid Company sued the company and online employee screening (ChoicePoint) because of defamation.

The story started when he fired because the company discovered the loss of more than $7,000 worth of cash and merchandise and was suspected to him.Then the company sent all information to the ChoicePoint.

The employee who claimed himself innocent ,could not find any other jobs because of now-spotty background.But the firm said every thing about him was truth so it can not be liable.

Now, I can remember the four elements of the defamation which the lecturer explained them in the class. He also emphasized all of these elements are necessary in order to establish a case in defamation for the plaintiff:
1. it must be false;
2. the statements must be defamatory in the sense that it lowers the plaintiff’s reputation;
3. it must refer to the plaintiff; and
4. it must be published.

Reference of news:
http://www.hrtechnews.com/

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