In First State Bank of Corpus Christi v. Ake, 606 S.W.2d 696 (Tex. Civ. App.-Corpus Christi 1980, writ ref'd n.r.e.), Ake brought a claim for libel and slander against his former employer for allegedly filing a fidelity bond claim for financial losses resulting from the dishonesty of Ake. The court found evidence that the filing of the claim constituted defamation per se. Ake offered evidence that he told potential employers of the filing of the bond claim. The court held that the filing of the claim was surely to be brought out during application and interviewing process. Ake offered testimony from other bankers that "he would have been remiss indeed not to have owned up to the fact that a bond claim had been filed." The court noted that the second restatement of torts stated that if the circumstances surrounding a defamatory statement indicated that communication of the statement to a third party is likely, a publication may properly occur when the defamed party tells a third party. See Ake, 606 S.W.2d at 701. The court also noted that comment (k) of Sec. 577 stated that "if a reasonable person would recognize that an act creates an unreasonable risk that the defamatory matter will be communicated to a third party, the conduct becomes a negligent communication, which amounts to a publication, just as effectively as an intentional communication." See id. The court held that since it would have been a natural inquiry for a prospective employer to inquire of Ake concerning any fidelity bond claims, Ake's acknowledgment of such claims would have been a sufficient publication upon which he could base his claim. See id. at 702.