Vicarious liability principles apply to defamation actions just as they do in tort law generally: the principal is normally liable for the tortious conduct of his agent committed within the scope of the agency relationship. Employers can thus be held liable for defamatory statements made by their employees while acting within the scope of their employment. This does not mean, however, that employers need to police every single employee interaction lest they be subject to defamation liability. Virginia businesses cannot be held liable for employee statements made outside the scope of their employment. But what does that mean, exactly?
On June 11, 2018, the Fourth Circuit decided the case of Sade Garnett v. Remedi Seniorcare of Virginia, LLC. Remedi SeniorCare is an institutional pharmacy that ships medications to nursing homes and other long-term care facilities. Sade Garnett worked at its Ashland, Virginia location, often alongside Aaron Try, a night supervisor. One day, Garnett told Try she would be out the next day to undergo surgery. During that absence, Try allegedly told other Remedi employees that “Sade was having surgery on her vagina because she got a STD [be]cause that’s the only reason a female gets surgery on her vagina,” and that “Sade was having a biopsy of her vagina.” Garnett sued Remedi for defamation, based on the false STD accusation.