Alleging multiple claims, appellee-plaintiff filed suit against his former employer, appellant-defendant ITT Rayonier, Inc. (ITT), and his former supervisor, appellant-defendant W. F. Simpson. The case was tried before a jury and a verdict against ITT and Simpson was *763 returned on appellee’s claim for the intentional infliction of emotional distress and a verdict against Simpson was returned on appellee’s claim for slander. After the trial court entered judgments on the jury’s verdicts, ITT and Simpson filed motions for judgment notwithstanding the verdicts. These motions were denied and ITT and Simpson appeal.
1. The denial of the motions for judgment n.o.v. as to appellee’s claim for the intentional infliction of emotional distress is enumerated as error.
The evidence would authorize a finding that, in his supervisory capacity, Simpson was highly critical of appellee’s job performance. Although there is also evidence that Simpson employed crude and obscene language, he did so only in connection with his criticism of appellee’s job performance and not for any non-employment-related purposes. Compare
Coleman v. Housing Auth. of Americus,
“ ‘ “[Pjlaintiffs must necessarily be expected and required to be hardened to a certain amount of rough language, and to occasional acts that are definitely inconsiderate and unkind. There is no occasion for the law to intervene in every case where someone’s feelings are hurt.” ’ A false accusation ... in connection with one’s employment conduct is undoubtedly a distressful, even ‘horrifying’ and traumatizing insult, but it is a common vicissitude of ordinary life.”
Peoples v. Guthrie,
The conflict between Simpson and appellee
was
submitted to and resolved by their mutual employer. That ITT may have resolved that conflict in favor of Simpson does not give rise to a claim by appellee for intentional infliction of emotional distress. “Since, under applicable provisions of state tort law, at-will employment can be terminated for any or no reason, that [ITT determined to demote or discharge appellee] for whatever reason, without more, gives rise to no claim for the intentional infliction of emotional distress. [Cit.]”
Borden v. Johnson,
“The only basis for a recovery against [ITT] would be [ITT’s] vicarious liability for the tortious actions of [Simpson] as its employee. Where the liability of a party is premised solely upon his vicarious liability for the tortious actions of an agent and judgment is entered for the agent, the party alleged to be vicariously liable is also entitled to judgment. [Cits.] Accordingly, our holding [as to Simpson] mandates the reversal of the trial court’s denial of [ITT’s] motion for [judgment n.o.v. as to appellee’s claim for intentional infliction of emotional distress].” Kornegay v. Mundy, supra at 435-436 (2).
2. The denial of Simpson’s motion for judgment n.o.v. as to appellee’s claim for slander is enumerated as error.
“ ‘[W]hen the communication is intra-corporate, . . ., and is heard by one who, because of his/her duty or authority has reason to receive the information, there is no publication of the allegedly slanderous material, and without publication, there is no cause of action for slander.’
Kurtz
[v.
Williams,
Those remaining incidents wherein a lack of proof of Simpson’s publication would not otherwise bar a recovery by appellee for slander fall into two categories. In one category, appellee offered no proof of the particular words or statements made by Simpson. Obviously, these incidents afford no basis for a recovery. “Damage to [appellee’s] reputation would be actionable only if it was the result of [Simpson’s] non-privileged publication of
false words
regarding [the] disciplining of [appellee] or the termination of [appellee’s] employment.” (Emphasis in original.)
Brewer v. MARTA,
Accordingly, the trial court erred in denying Simpson’s motion for judgment n.o.v. as to appellee’s slander claim.
3. A review of the record clearly demonstrates that if appellee had any claim at all based upon his former employment with ITT, it would be a claim against Simpson for tortious interference. See
Georgia Power Co. v. Busbin,
Judgments reversed.
