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Expert Analysis

When Reporting Employee Crime Leads To Defamation Suit

By Michael Bhargava, Abbe Lowell, Keith Rosen and Christopher Man ( June 15, 2015, 12:16 PM EDT) -- The Texas Supreme Court recently offered a measure of protection for companies that are forced to report their employees to authorities for criminal activities. In Shell Oil Company v. Writt, the court held that such statements are absolutely privileged and cannot lead to defamation claims by those employees. At the same time, however, the court reiterated a prior ruling that companies that voluntarily report their employees may still face civil liability....

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