Defamatory Termination Letters in India: Understanding Legal Liability & Compelled Self-Publication

Imagine this:

You’ve just been laid off.
The shock is hard enough.
But then you open your termination letter.

Words like “malicious conduct” and “complete loss of trust” leap off the page.
No evidence. No chance to defend yourself.

And you know—this letter will follow you. Every background check. Every reference call. Every prospective employer.

It’s the kind of situation you hope never happens.

But for one man, this wasn’t hypothetical—and losing his job was just the beginning.

What Really Happened

In Abhijit Mishra v. Wipro Ltd, Abhijit Mishra, a principal consultant at Wipro from March 2018 to June 2020, received a termination letter from the company, stating “malicious conduct” and asserting a “complete loss of trust”.

Mishra filed a civil defamation suit, seeking over INR 2.10 crore in compensation, arguing these unsubstantiated remarks gravely harmed his professional reputation and employability.

Wipro cited Clause 10 of his employment contract (permitting termination with notice), stating that the letter was a private communication and factually accurate.

The Court’s View 

The Delhi High Court—ruled in Mishra’s favour, describing Wipro’s termination letter as “replete with stigma and insinuations likely to accompany the plaintiff into future professional settings.”

It identified three critical failings:

1. Unproven allegations—No prior warnings, inquiry reports, or documented misconduct. Without credible evidence, such remarks amounted to actionable defamation.
2. Language causing lasting damage—Stigmatic terms that could taint Mishra’s reputation if disclosed to future employers.
3. Compelled self-publication—Since Mishra would inevitably need to share the termination letter during job applications, its defamatory content was deemed “published” under law. Wipro could not argue that it was a private communication.

The Court awarded INR 2 lakh in general damages for reputational harm, emotional distress, and loss of professional credibility. It also directed Wipro to issue a fresh termination letter free from defamatory language.

The message was clear: termination letters must be fact-based, fair, and free from stigma.

What is “Compelled Self-Publication”?

At its core, compelled self-publication is a narrow but significant twist in defamation law. 

Under both civil law (tort) and criminal law (now Section 356 of the Bharatiya Nyaya Sanhita, 2023), “publication” is an essential element—normally meaning a defamatory statement must be communicated to someone other than the person defamed.

However, Indian courts have crafted an exception: when a person is effectively forced to repeat a defamatory remark—say, in job interviews or reference checks—the requirement of publication can still be met, even if the statement was originally made only to them.

Here’s the logic: if an employer tells an employee, “You were fired for dishonesty,” that’s defamatory if untrue. At first, only the employer and employee know of it, so traditionally there’s no publication. 

But when the employee applies elsewhere, they may have to disclose it—because silence harms their chances, while honesty injures their reputation. In such cases, the law treats the statement as “published,” making the employer responsible for the broader harm.

Why This Matters for Employers

Compelled self-publication isn’t just a legal nuance—it’s a practical warning. Even private words can ripple outward, affecting reputations, careers, and the organisation itself. A single poorly framed termination letter can follow an employee for years, shaping how future employers perceive them, and by extension, reflecting on your organisation.

To protect your people and your organisation, two things must work together:

1. HR and Legal Training
Your HR and legal teams are on the front lines of these decisions. They need the knowledge and tools to draft letters responsibly, follow fair and documented processes, and understand the essentials of defamation law. This ensures that every communication—from performance notes to termination letters—is legally sound, factual, and neutral.

2. A Living Code of Conduct
A Code of Conduct isn’t just a reference document—it’s the embodiment of your organisation’s values in action. Integrity, respect, and accountability should guide every decision, including the toughest ones like exits. When managers approach departures with fairness and dignity, the organisation not only reduces legal and reputational risk but also strengthens trust and morale across the workforce.

These pillars are inseparable: training without culture risks mechanical compliance; culture without operational guardrails leaves the organisation exposed. When both are in place, even the most difficult exits reflect your organisation’s core values while safeguarding people and reputation.

Key Takeaways

• Train for Compliance, Act for Culture: Equip HR and legal teams with practical knowledge, but ensure their decisions reflect the organisation’s values.
• Anticipate Ripple Effects: Assume termination letters may be shared. Draft every communication carefully, with facts and neutrality.
• Embed Values Daily: A living Code of Conduct ensures integrity, respect, and accountability guide decisions, not just policies.
• Align Culture and Process: Compliance works best when training, process, and values reinforce each other. One without the other leaves gaps.

Remember – exits are a test. How an organisation handles departures signals its values more than any onboarding session ever could.

Wrapping Up: Reflect, Respect, and Act

A termination letter isn’t just paperwork.
It’s evidence.
It can be Exhibit A in a courtroom—or a quiet, dignified full stop to an employment story.

Every phrase you choose can either protect your organisation or expose it.
Fair, transparent, and respectful language doesn’t just preserve dignity—it reduces liability.

Because when the exit is handled with care, the only thing that follows you is your reputation—not a lawsuit.

And when those choices are anchored in the Code of Conduct, they reflect not just legal prudence but the values your organisation stands for.

Suggested Reading 

1. Delhi HC raps Wipro for defamatory firing letter, awards ₹2 lakh in damages | Company News – Business Standard 
2. Defamation in Employment Termination a case study of: Abhijit Mishra v. Wipro Ltd.
3. SELF-PUBLICATION DEFAMATION IN THE EMPLOYMENT CONTEXT 
4. UNDERSTANDING DEFAMATION laws IN INDIA 
5. Employer liable when former employee forced to reveal defamatory termination reasons; Delhi HC directs Wipro to pay damages for defamation 
6. Employment Termination and the Boundaries of Corporate Action: The WIPRO Case – Lexology