Eichhorn & Eichhorn, LLP assisted in defending an action by a former employee against her employer for defamation and breach of contract. The defamation claim failed because the statements about the employee's appearance fit none of the required categories to constitute defamation per se and were not capable of objective verification and, therefore, could not be defamation per quod. Further, the breach of contract claim failed because there was no written contract and she did not give independent consideration for an employment contract by giving up any alternative employment based on a promise of permanent employment.
Summary judgment in favor of the client was entered by the trial court and affirmed in the Court of Appeals. The Supreme Court denied transfer.
You can read the opinion here.