Baudoin v. Louisiana Power & Light Co.

I concur with the majority that a fired employee can proceed with a defamation suit in a state court without first going through a grievance procedure. However, I respectfully dissent from that portion of the opinion which holds that the letter written by an Ebasco Services supervisor was defamatory and not protected by a qualified privilege.

In order to maintain an action in defamation, the following elements must be established: 1) defamatory words; 2) publication; 3) falsity; 4) malice, actual or implied; and 5) resulting injury. Cangelosi v. Schwegmann Bros., Etc., 390 So.2d 196 (La.1980);…