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0221 Unless an employer's performance evaluation falsely accuses an employee of criminal conduct, lack of integrity, dishonesty, incompetence or reprehensible personal characteristics or behavior it cannot support a cause of action for libel; an evaluation of an employee made by an employer acting in bad faith is a breach of the covenant of good faith and fair dealing for which breach of contract is the exclusive remedy.CitationJENSEN v H?P (Defamatory Evaluation) 14 CA4 958 [See: Foley v Interactive 47 C3 654]
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