Forced Apology and Admission of Inappropriate Conduct Held Not Defamatory

Forced Apology and Admission of Inappropriate Conduct Held Not Defamatory

 Defamation claims arise frequently in employment settings. Employees often disagree with their performance reviews and, if they feel particularly aggrieved, resort to the courts to extract a modicum of revenge. Unfortunately for them, statements relating to employee discipline and termination made by managers and supervisors usually enjoy a qualified privilege against defamation claims. The privilege generally insulates such statements from liability absent clear and convincing evidence of malice or some other indicator that the privilege has been abused. When an employer makes a false and defamatory statement about an employee, but that statement is protected by a qualified privilege that has not been lost or abused, the statement is not actionable.

Of course, before the question of privilege even comes into play, there is the matter of whether the statement at issue is defamatory in the first place. In Regina M. Zarrelli v. City of Norfolk [an enhanced version of this opinion is available to lexis.com subscribers], Ms. Zarrelli sued the City of Norfolk, Virginia (her former employer) along with the City's Commonwealth's Attorney, Gregory D. Underwood, based in part on being required to apologize to a vendor. It didn't work, and the case was dismissed both because the statements were not defamatory, and because even if they were, they were protected by qualified privilege.

Zarrelli worked in the Office of the Commonwealth's Attorney and was assigned to the Victim/Witness Assistance Program. On May 4, Underwood reprimanded Zarrelli for violating office policies regarding travel accommodations for non-local victims and witnesses. Zarrelli had allegedly made repeated requests of the Office's travel vendor that a rental car be added to a particular witness' travel itinerary despite the Office's Travel Coordinator's repeated cancellation of the rental and instruction from the Deputy Commonwealth's Attorney that witnesses are separately responsible for this kind of transportation. Describing Zarrelli's behavior as "counterproductive and undermining," he suspended her without pay for two days, placed her on probation for one year, and required her to draft a letter to a travel vendor explaining the proper policy regarding rental cars while acknowledging her own "inappropriate" conduct.

She wrote the required letter, but in a matter the court found "dismissively insubordinate," expressing to the vendor that she disagreed that she had acted inappropriately and that she was being forced to write the letter. She was fired the same day.

  Read the rest of the article at the Virginia Defamation Law Blog.

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