Larry TYLER, Respondent, v. MACKS STORES OF SOUTH CAROLINA, INC. and James Powell of whom, Macks Stores of South Carolina, Inc. is Appellant, 275 S.C. 456

Summary

During his employment, the former employee was required to take a polygraph test over his protests. Soon thereafter, the store manager and then the employee were discharged. The employee brought a defamation claim, contending that his discharge, following the polygraph test and the manager's immediate firing, created the impression that the employee had been discharged for some wrongful activity, which was defamatory. The employer demurred, which was denied. The employer appealed, asserting that the demurrer should have been sustained because facts did not support publication or disclosure, which were necessary elements of an action for defamation. The court disagreed, holding that: (1) a defamatory insinuation could be made by actions or conduct, as well as by word; (2) defamation was not required to be accomplished in a direct manner; (3) to render a defamatory statement actionable, it was not necessary that the false charge be made in a direct, open, and positive manner; (4) a mere ...