09/29/2025

Employment Termination and Defamation Liability of Employer

Employment Termination and Defamation Liability of Employer
The Delhi High Court’s recent decision in Wipro Case represents a significant evolution in employment law, establishing that contractual termination validity and tort liability for defamatory statements are distinct legal issues. judgment emphasizes the critical importance of evidence-based decision-making, careful documentation, and measured language in termination communications.

I. Introduction

The Delhi High Court delivered a landmark judgment on July 14, 2025 in Abhijit Mishra v. Wipro Limited (2025: DHC: 5678-Case Number: CS(OS) 31/2021) establishing important distinctions between contractual termination validity and tort liability for defamatory statements in termination communications.

The Court clarified that while employers retain full contractual rights to terminate employment, they may face separate liability for unsubstantiated adverse characterizations included in termination letters.

Significantly, the judgment expressly recognises and applies the doctrine of compelled self-publication in employment defamation, holding that employers may be liable even if termination letters are not directly published to third parties, where employees are foreseeably compelled to disclose them to future employers.

II. Case Background and Timeline

  • Employment Period: March 14, 2018 to June 5, 2020
  • Position: Principal Consultant
  • Termination Date: June 5,...

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Alok Bhasin

is Advocate, Bhasin & Bhasin Associates, Noida

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Alok Bhasin

is Advocate, Bhasin & Bhasin Associates, Noida

September 2025

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