White v. Blue Cross & Blue Shield of Massachusetts, Inc.

The court, citing public policy concerns, states that permitting compelled self-defamation to meet the “publication” element of defamation would be “ill advised.” Ante at 68. In my view, it is at least as ill advised to allow employers, by their own reckless actions or omissions, to put employees in situations such as the one confronted by the plaintiff. The defendant here, by allegedly reckless indifference, caused foreseeable harm to the plaintiff. The plaintiff claims that the defendant had no basis for believing the accusation that was made against him, and that the defendant refused to…