All letters, reports, communications, or any other matters, either oral or written, from the employer or employee to each other or to the department or any of its agents, representatives or employees, which shall have been written, sent, delivered or made in connection with the requirements and administration of this chapter shall be absolutely privileged and shall not be made the subject matter or basis of any suit for slander or libel in any court of the State of Mississippi unless the same be false in fact and maliciously written, sent, delivered or made for the purpose of causing a denial of benefits under this chapter.
Codes, 1942, § 7412; Laws, 1940, ch. 295, § 9; Laws, 1948, ch. 412, § 6g(2); Laws, 1952, ch. 383, § 4g(2); Laws, 1958, ch. 533, § 6g(2); Laws, 1962, ch. 564, § 3g(2); Laws, 2004, ch. 572, § 26; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 26; reenacted without change, Laws, 2010, ch. 559, § 250; reenacted without change, Laws, 2011, ch. 471, § 26; reenacted without change, Laws, 2012, ch. 515, § 26, eff. 7/1/2012.
Reenacted without change by Laws, 2023, ch. 510, SB 2810,§ 28, eff. 4/17/2023.
Amended by Laws, 2019, ch. 451, SB 2133,§ 58, eff. 4/3/2019.
Reenacted without change by Laws, 2019, ch. 451, SB 2133,§ 26, eff. 4/3/2019.
Notes of Decisions
McArn v. Allied Bruce-Terminix Co., 626 So. 2d 603 (Miss. 1993).
· cites it 2× “McArn argues that Miss. Code Ann. § 71-5-131 (1972) permits a claim for defamation whenever the employer makes statements to the Commission which are "false in fact and maliciously .”
Petyan v. Ellis, 510 A.2d 1337 (Conn. 1986).
“A number of states have passed laws which provide that employer communications to the commission are absolutely privileged “unless the same be false in fact and maliciously written, sent, delivered, or made for the purpose of causing a denial of benefits .”
Raiola v. Chevron USA, Inc., 872 So. 2d 79 (Miss. Ct. App. 2004).
“See Miss.Code Ann. § 71-5-131 (Rev.2000). As a result, we find Raiola's defamation claim to be without merit.”
Rodney Roebuck v. Dothan Sec., Inc., 515 F. App'x 275 (5th Cir. 2013).
“…and maliciously written, sent, delivered or made for the purpose of causing a denial of benefits under this chapter. Miss.Code Ann. § 71-5-131.”
Gordon v. Tenneco Retail Serv. Co., 666 F. Supp. 908 (N.D. Miss. 1987).
“Miss. Code Ann. § 71-5-131 (1972). As noted supra, the plaintiff has absolutely failed to make any showing of malice.”
Huggins v. Queen City Props., Inc., No. 3:17-cv-00799 (S.D. Miss. July 10, 2019).
“” Miss. Code Ann. § 71-5-131 . Plaintiff does allege that Queen City’s statement to the MESC was both false and maliciously made to prevent her receiving benefits, but as discussed supra, she has no evidence to show that defendants acted other than in good faith and without…”
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