Section 42 Defamation

• Library: Emp-Emp Law 2000

An action for defamation, either libel or slander, can be brought if statements concerning the termination were false and privilege did not exist, or was overcome, under the facts. See Rice v. Hodapp,919 S.W.2d 240, 243–44 (Mo. banc 1996) (defamation claim in context of employee transfer, rather than discharge). The defamation defendant has three general types of defenses:

• Truth is an absolute defense

• Certain statements are absolutely privileged

• Other statements receive a conditional or qualified privilege

For Missouri cases discussing the applicability of these defenses, see Rice v. Hodapp (qualified privilege); Carter v. Willert Home Products, Inc., 714 S.W.2d 506 (Mo. banc 1996) (qualified privilege); Wahl v. Braun, 938 S.W.2d 591 (Mo. App. E.D. 1996) (truth as an absolute defense); Pape v. Reither, 918 S.W.2d 376 (Mo. App. E.D. 1996) (defamation analysis and privileges); and...