Wilson

MEMORANDUM **

• Plaintiff Wayne A. Wilson appeals the district court’s grant of summary judgment for Defendant Dollar Tree Stores, Inc. On de novo review, American Bankers Ass’n v. Gould, 412 F.3d 1081, 1085 (9th Cir.2005), we affirm.

1. The district court did not err in granting summary judgment in favor of Defendant on Plaintiffs defamation claim. To establish an abuse of the privilege, Wilson had to offer evidence creating a question of fact about York’s state of mind at the time he told Camp and others that Wilson had admitted that he allowed Clark to work off the clock. Bickford v. Tektronix, Inc., 116 Or.App. 547 , 842 P.2d 432, 434 (1992). York testified in his deposition that he had two grounds for his statement to Human Resources at the time he made it, and added a third reason in his declaration. First, Wilson admitted the act; this is disputed. Second, Wilson had already added hours to Clark’s pay by changing the hours in the computer before York met with him. York said he viewed this addition of hours to payroll as evidence that Wilson knew of Clark’s off-the-clock time. Third, Wilson was Clark’s supervisor, and Wilson was responsible for the payroll and for knowing…