The Workplace Torts Research 

The Workplace Torts Research

Instructions/Descriptions

The Workplace Torts Research

Workplace Torts

A tort is an intentional civil wrong. A tort claim arises when a tortfeasor (the wrongdoer) intentionally causes harm to another. When a claim of tort is launched, the victim is known as the plaintiff (the party bringing the suit) and the tortfeasor becomes the defendant (the party defending the suit).

In employment law, the plaintiff may be the employee or the employer. Commonly committed torts include defamation (slander and libel), infliction of emotional distress, and theft of trade secrets.

Defamation is the intentional publication of false information about someone that harms his or her reputation. Slander is spoken publication, libel is printed publication. For example, posting false information on social media that leads to a lowered opinion of the victim in the community is an act of libel.

Not all harmful language is defamatory. Truth is a defense to defamation. The defense of qualified privilege protects those who speak in good faith to those who need to know the information.

For example, an employee who reports a suspected act of theft to a supervisor or to law enforcement may raise the defense of qualified privilege even if the report turns out to be false (as long as the report was not done with evil intent or malice).

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Tortious infliction of emotional distress occurs when a person is emotionally harmed after being intentionally subjected to extreme and outrageous conduct by the tortfeasor. However, recovery on such a claim requires extremely shocking conduct, a standard that is hard to reach.

An employer may sue an employee for theft of trade secrets when the employee gives or sells valuable proprietary information to others outside the company, such as when an employee leaves to take employment at a rival business and shares company secrets with the new employer.

Conducting Research

Conduct an Internet search using the keywords “wins trade secrets suit.” Take a quick look at some of the results.

Does it appear that “theft of trade secrets” claims are on the rise?

Which industries seem to be most impacted by theft of trade secrets?

Case Study Review the next button to learn more.

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Social media has become a common publication outlet for the workplace tort of defamation. Defamation is the publication of false information, causing injury to the victim. Consider the following example:

Robert, an employee at Weltron, Inc., works in the same office as Gina. Both Gina and Robert apply for a supervisor position that has opened at Weltron. Robert posts negative and false information about Gina on his social media site and distributes false information about Gina through e-mails and social media channels.

Robert claims that Gina slept with a manager in a different department and has taken Weltron supplies home for her personal use. None of these is factually true. Robert also claims that Gina is a sloppy worker and is not friendly with others. Gina did not get the supervisor job.

Social media has become a common publication outlet for the workplace tort of defamation. Defamation is the publication of false information, causing injury to the victim. Consider the following example:

Robert, an employee at Weltron, Inc., works in the same office as Gina. Both Gina and Robert apply for a supervisor position that has opened at Weltron. Robert posts negative and false information about Gina on his social media site and distributes false information about Gina through e-mails and social media channels.

Robert claims that Gina slept with a manager in a different department and has taken Weltron supplies home for her personal use. None of these is factually true. Robert also claims that Gina is a sloppy worker and is not friendly with others. Gina did not get the supervisor job.

Gina can sue Robert for defamation. False information has been published to others. Gina’s reputation may have been damaged, and she may have lost a promotion because of the defamation.

It is important to note that false facts are the basis for a defamation claim. If Gina did not sleep with a manager from another department and has not taken any work supplies home, then these are false facts. Opinions are not the basis for a defamation claim. “Sloppy worker” and “not friendly with others” lean more toward opinion than fact, and so are less likely to be actionable.

Additional Material

From your course textbook, Employment and Labor Law, read the following chapter:

Commonly Committed Workplace Torts

The Workplace Torts Research

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