Question

Steve was wrongfully terminated by Sam, his former boss at Big Flop, Inc., falsely stating that Steve embezzled money. When Steve was asked why he was no longer employed at Big Flop, Steve had to tell his new prospective employer. Under this scenario, regarding a possible claim of defamation, in a state that recognizes compelled self-publication, Sam and Big Flop:__________
(A) are not liable since they are protected under the law.
(B) are not liable even though they lied because it was their opinion.
(c) are not liable because Steve did not have any injury to his reputation.
(D) are likely liable under the theory of compelled self-publication.

Answer 1

Answer:

D. Are likely liable under the theory of compelled self-publication

Explanation:

Considering that Steve was terminated in a state that recognizes compelled self-publication, a defamatory claim will be premised on the assumption that Big Flop, Inc. are liable for the actions of their representative, Sam, who terminated Steve on the basis of unfounded allegations of embezzlement, which Steve was forced to reveal when it became a sticking point liable to derail his next job offer.