Malice, or an abuse of the conditional privilege, eliminates the conditional privilege

“Defamation in employment is a complex area, however redress for damage to this fundamental, but fragile, right should be vigorously pursued on behalf of defamed employees. Defamation in employment destroys careers, and the financial and emotional well-being of employees and their families. Full redress for these damages is not some new theory, but has been recognized throughout the history of our law and society as “a concept at the root of any decent system of ordered liberty.”

(McNair v. World Church of Godsupra, 197 Cal.App.3d 363, 374-375.)

 


Good character, or reputation, consists of the general opinion of people respecting one.  It is built up by a lifetime of conduct. It is probably the dearest possession that a man has, and once lost is almost impossible to regain. The possession of a good reputation is conducive to happiness in life and contentment. The loss of it, . . . brings shame, misery and heartache. (Eldredge, The Law of Defamationsupra, at pp. 12-13, quoting Judge James Gay Gordon, Jr.)


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