In Wynn v. Wachovia Bank, N.A., 2009 WL 1255464 (E.D. Va. 2009), the United States District Court for the Eastern District of Virginia was faced with a case in which a Wachovia Bank employee (who was also a Wachovia customer) was terminated based on allegations of issuing an invalid check on her Wachovia personal checking account, abandoning her employment at Wachovia when the invalid check was brought to her attention, and using unauthorized paid time off (PTO). Plaintiff, Ms. Kimberly W. Wynn, denied the allegations, instead alleging she knew nothing about the invalid check and only took PTO at the direction of her supervisor while the matter involving the invalid check was resolved. According to Plaintiff, while she was awaiting Wachovia’s resolution of the invalid check, she was terminated.
Plaintiff filed suit based on allegations of defamation and breach of fiduciary duty, among other theories. More specifically, the defamation allegation was based on alleged internal statements to bank employees involving the invalid check, abandonment of her employment, and use of unauthorized PTO. Plaintiff’s Complaint also alleged that she would be compelled to “self-publish” Wachovia’s allegedly defamatory accusations to future employers during employment interviews. Wachovia moved to dismiss the defamation claim on ground that failed to plead facts supporting a publication of the alleged defamatory statements. The Court granted Wachovia’s Motion and rejected Plaintiff's claim of defamation, refusing to accept the relatively new theory of “compelled self-publication” as sufficient publication to support a defamation claim.
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