What must an employee prove to establish a case of malicious prosecution?

To establish a case of malicious prosecution, an employee must demonstrate that the employer instituted a criminal proceeding against them. This means that for the claim to hold, the employee needs to prove that the employer took specific action to bring about a legal prosecution, which is foundational to the definition of malicious prosecution. The essence of this legal claim is that the prosecution was initiated without reasonable grounds and that it was pursued out of malice rather than as a genuine effort to seek justice.

Connecting this to the legal framework, simply having charges dropped or being found guilty does not inherently establish malicious prosecution, nor does having a motive for justice or probable cause undermine the claim. In essence, the pivotal element that differentiates malicious prosecution from other claims is the act of the employer initiating the criminal proceedings in the first place. This highlights the intent and behavior of the employer at the outset of the situation, making it a crucial factor in the employee's argument.