Filed August 21, 2015
But, a conditional privilege may be lost if the publisher exceeds the scope of his privilege by publishing the defamation to unauthorized parties. Miketic, 450 Pa. Super. at 97-98. While it is a question of law whether privilege applies in a given case, it’s a question of fact for the jury to Case 2:15-cv-02659-LDW-GRB Document 30 Filed 08/21/15 Page 10 of 16 PageID #: 345 7 decide whether a privilege has been abused.
Filed December 22, 2016
448 Pa. Super. at 285-85, 671 A.2d at 706-07. See also Miketic v. Barron, 450 Pa. Super. 91, 671 A.2d 324 (Pa. Super. Case 2:16-cv-01868-AJS Document 7 Filed 12/22/16 Page 12 of 15 13 1996) (letters of evaluation written by coworkers to evaluators were privileged); Daywalt v. Montgomery Hospital, 393 Pa. Super. 118, 573 A.2d 1116 (Pa. Super. 1990) (communications are conditionally privileged such that a supervisor and a hospital cannot be liable for the supervisor’s communication to the personnel director and the payroll department about her suspicions concerning the plaintiff’s alteration of her time card). Likewise, an employer’s statement of termination “for cause” is not defamatory.