What is Defamation of Character?

business economy

The term defamation of character is often used to describe accusations of slander, libel or both. Slander involves verbal derogatory statements, while libel involves written ones. In a court of law, the plaintiff pursuing the lawsuit would charge defamation of character to cover any form of false or damaging allegations.

Defamation of character is notoriously difficult to prove in court, although the actual effects can be quite evident and damaging. If a disgruntled customer of a restaurant tells numerous people that the head chef has AIDS, for example, sales for that restaurant could fall and the employee might lose his job or find it difficult to work. Because the customer's slanderous statement concerns a specific person and an unproven accusation, the chef may have a legitimate case of defamation of character.

The main problem with proving defamation of character is the protection of free speech guaranteed by the First Amendment. Courts generally agree that an opinion, no matter how malicious, is not the same as a stated fact. If the disgruntled customer had said "Don't eat at Joe's Cafe. I think the food is lousy and the chef is sick," then defamation of character would be difficult to prove. Other people can still form different opinions. Once the customer said "Don't eat at Joe's Cafe. I know the chef and he has AIDS," then a statement of fact has occurred and a claim of defamation of character can be pursued.

Another problem concerning defamation of character is the actual truth of the statement. Some may argue that in order for defamation of character to occur, the alleged victim actually has to have character to defame in the first place. Calling a known neighborhood bully a 'thug' in the local paper wouldn't qualify as defamation of character, because it isn't a statement against fact. The truth is, the truthfulness of the statement isn't always a factor in actual court proceedings. In our hypothetical case, the court would assume the chef does not in fact have AIDS and the defendant knew this at the time the statements were made.

Very few defamation of character lawsuits actually reach the level of a court trial. Many are settled privately, in order to avoid even more damage from publicity. Since actual damages must be demonstrated, some cases are dismissed because the statements or accusations do not rise to the level of actual slander or libel. Hurt feelings or a loss of social standing may not reach the legal definition of damages. What few defamation of character cases do reach the court system are usually local in nature, such as a city councilman suing his local newspaper for implying he accepted a bribe.

In our case of the chef and the disgruntled customer, damages could most likely be demonstrated by restaurant sales records and testimony from other customers who heard the slanderous statements firsthand. Even if medical tests revealed that the chef did indeed have a medical condition, that fact alone would not mitigate the customer's obvious malicious intent. The customer was not working in the public's best interest at the time. Under these circumstances, the court would most likely find in favor of the plaintiff and order the defendant to pay punitive damages.

This is generally the same legal mechanism which allows celebrities to successfully sue tabloid publications. A truthful but malicious statement can still be considered defamation of character under the right circumstances.

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Posted by: anon15112
I have a friend of 4 years who i have been close with, we have communicated some delicate situations i had told in in full secrecy with him not to divulge the information, I have to say he is young and he does not know much in education. after 4 years we had a fight due to a gossip that he had received from someone who said that i was the one who told that he was just a servant. He believe in the issue and now he is retaliating by making false statements about me in public using a group website where all of are friends are in.

He is using a secret account under a bogus name but due to the accuracy of information in the statements i know that it was only him that can know if this information plus, aside from this other he has been writing bad statements which are not true and is posting it in the website. what should i do!

Posted by: anon15008
Recently a subcontractor stated to my boss that i was taking monies under the table from him, i believe he made these statements to alleviate himself from completing a few jobs he was working on, i have never take any monies from this person, and would like to sue for defamation of character, as i have worked very hard to show my honesty, loyalty, and character to my company, is this considered DOC?
Posted by: Ro1016
Someone that I got a restraining order against is currently bashing me in a chat room of a game site. She has been harassing/goating me using her profile and found out today that she was on overdrive with the bashing. What do you think i should do?
Posted by: smiller
I have been hit with a summons civil action for defamation per se, conspiracy to defame, intentional inflection of emotional distress, negligent infliction of emotional distress, civil conspiracy, malicious prosecution. My ex-brother-in-law was charged with rape against my daughter and the county prosecutors decided not to go through with the court hearings so the charge was dropped. Now he is suing me. What can I do?
Posted by: acho
I have a question regarding something that occurred in my workplace just this past week. I had a bit of an argument with a coworker and later her friend (another coworker) accused me a slander toward her friend. She told the other coworker's supervisor that I said something that I didn't and it was then taken to the branch manager. My supervisor was oblivious to this until later that day. I thought that it was all just water under the bridge by then, but was later called into my supervisor's office asking what had happened and if I had said what she said I had said. Is she liable for defamation of character and would I have the right to sue her or the company?
Posted by: dluke
My daughter and her ex-boyfriend have a son together. They broke up. They are going through a custody battle. She has always been the primary caregiver for her son. She is the only one who has taken son to doctor appts, well check up visits, bathes him, feeds him, there when he is sick, stays up with him at night when he is sick, etc. Her ex-boy went to her insurance company and told a couple of the girls there that my daughter stole his credit card and made purchases of over $8,000. My daughter is very quiet, very shy, and she is very trustworthy. She does not steal, and she has NO money. She did not even know he had a credit card. She goes to church and he and his family do not believe in God and have never been to church. They have even kicked the chaplain out of the hospital room when her son was sick. Anyway, my point is that he is somewhat of a psychopath, and he has been going all over town telling people different stories about her--and they are definitely not true. She goes to school and then comes straight home to be with her son. I know her so well because she is also my best friend. We do everything together. And she always has her son with her--she does not party, and her son is her pride and joy. Always looking out for his best interest. EX, is telling all sorts of lies about her to try and get custody. He cannot prove anything he lies about, but, it still puts the thought in peoples minds when he lies about her, especially when he lies to people she does not even know. He tells people that she abuses her son. He is telling people that she takes drugs. She tried to get into a low-income apartment and he told the apartment manager that she parties all the time. She didn't get the apartment. Is this defamation of character when he is causing her so much anguish and humiliation and keeping her from getting an apartment??
Posted by: babybear
My question is at work an email was sent from my boss to his boss saying that i was unable to make a decision. And now my coworkers have also read this. is this considered defamation of character?
Posted by: anon12029
My brother wrote a letter to my parents housekeeper and then she read it and it said in spanish "You're a fat ugly b-," then she started gagging herself and threw up. She threatened to sue, and my brother is scared and he can't do anything because she is taking advantage of the whole situation. Unless that won't be enough to sue. I told my brother those words were abusive, and at the moment told him she can indeed sue, but I'm not exactly sure. He started freaking out and kept on asking me what to do. I honestly don't care what happens I'm 23 out of the house, I came to visit this weekend, but I do care about my parents, and they're responsible because my brother is 13. She seemed like it didn't really bother her that much, but you never really know. So all I want to know is what was on the letter directed to her, is qualified for deformation of character?
Posted by: cool007
Several years ago my supervisor was making fun of a pair of white boots I was wearing and said jokingly that I looked like a go-go dancer in front of a colleague. Well, this colleague has spread the rumor that I am a go-go dancer. Horrible. I told my supervisor that she had better tell him that I am not or never was a go-go dancer. She told me not to worry, that he was harmless and a loser. His son committed suicide and his wife left him on the same week. She has since retired and he still believes and spreads the rumor. At the beginning, I cared less because I know who I am and where I have been. Recently, this rumor came back to me by a friend after I volunteered to help a teacher with a dance club at school for hispanic students wanting to dance salsa. I am shocked that it still spreads. I want to make an issue of it now. But that is not the story of why I am so furious and hurt. I spoke with my brother-in-law and asked if he had heard the rumor and the reply was, yes. My husband also heard it months before he died of cancer and had said nothing. We were separated, but yet I and our kids were with him till the end. He died not mentioning it to me or asking me if it was true or not. I am hurt. My brother-in-law said it was not a topic of discussion when he was with him. My husband took my name out as beneficiary of this life insurance and put my brother-in-law instead. He holds it for my children's college fund. I trust him. Truly, I would have done something then, if I had known.

Is it too late for me to take any course of action? Should I take it to my Union Representative and have an intervention with this guy? He has cost me a lot of anger and pain. Enough is enough........

Posted by: anon11046
what if your manager calls his employees morons and if you go to the one above him he said we would get fired?
Posted by: anon10871
My ex started talking trash about me to his friends and former employees. He spoke about our sex life and how he is going to use me as a weekend special after we broke up. These are all people i know and the one who broke the news to me was no one but my boss. Now everyone has lost respect for him and is very open to tell me what he said. Do i have any grounds to stand on if i want to take legal action. Please advise. AJ
Posted by: palmark
I have recently changed jobs. When I gave a 1 week notice, my employer told me I had two days to leave. I left in those two days and started at new place. I received a letter from my previous shop owner and it stated that I have been making erroneous statements about my reason for leaving that are causing the owner and their personal business harm. The letter was also sent to my new employer. Is the fact that she sent a copy to my new employer considered slander?
Posted by: anon10305
i live at a apartment complex and i am having trouble with the office manager. i was said to have complaints and when i asked exactly what i had them for i was told that i supposedly had a party at my residence and when i showed proof that there is no way it was me the story changed that i was sitting in my courtyard smoking drugs. i contacted my office manager about this situation she refused to do anything and when i called the management company that runs this complex is when i was told i was being accused by the office manager of this situation, when i asked her for a meeting with the said resident whom accused me of this i was refused a meeting and i do know that my right as a resident i can request a meeting i need to know what to do in this matter course the office manager is now asking other residents about me if i have parties or if i am to loud or if my kids are outside playing or tearing up things in the common areas.
Posted by: anon9362
Ok so I have an ex co worker who quit his job...no one at work really likes him..if anyone talks about it is really all truth..the guy is a sleazy if I must say. On the day of quitting his job he states that if anyone up at his recent place of employment talks about him in any of their conversation..then he could sue for defamation of character. Of course his character is really in question too. Technically if he had any plans on suing shouldn't he have not quit his job. Maybe if he had been fired on the terms of false claims about him then he would have a case. Honestly I think he doesn't know what he is talking about. Am I wrong?

someone usa

Posted by: LADYS923
My current employer put me on suspension without pay due to evidence they say they have against me which is false allegations against me. I would like to know how I should proceed, I have contacted lawyers and they stated since the company is an at will employer there's nothing I can really do until the company makes a determination as to if they will bring me back or terminate my employment. Can I sue for wrong termination if it comes down to that, or can I sue for defamation of character since they don't have any solid evidence against me?
Posted by: smudlik
olittlewood. Thank you much olittlewood, company could not prove any of her words, however they pulled me out of work for 2 days (administrative leave), but they did not pulled her out. I am writing everything down, but it is time consuming. You are right about the new job. This co-worker is also stealing my accounts. She is not supposed to touch any of them, she should find her own, being relatively new at the company, however since she can not sell on her own, she is stealing existing customers where she knows they are frequent buyers, she also lies to them, that she has a higher position than me. I hope it will turn soon. She is pregnant, so hopefully she will stay at home... ;o( Thank you again.
Posted by: anon7081
I recently received some allegations that I owe a ridiculous sum of money, to xyz credit company, however, I have excellent credit and I do not owe one penny to anyone. I am in the process of seeking legal advice as to pursuing this obnoxious NYS creditors "lawfirm" for defamation of character.
Posted by: anon6516
sorry about posting anonymously...i am having difficulty with the registration.

After reading all of these posts, I am shocked at the number of nasty, malicious people out there !!

I am in a situation similar to many on this board.

This involved the defamation of my 8 year old son's character. We have a 51 year old neighbor who moved into our neighborhood about 3 years ago. The home is actually owned by this woman's elderly mother & the older woman's boyfriend. ( however, my neighbor claims it is hers and that her Mom had to help them out because her granddaughter had cancer and she had to quit her job to care for the child...needless to say, the child has been in remission for over 2 years)

Anyway, we were friends with this woman. I tried to keep some distance because she is very clingy and didn't understand that when I get home from work, I didn't want her hanging around my house complaining about our neighborhood that she refers to as "the ghetto". ( my home is valued at over $300,000 and is actually quite nice...as are most in the neighborhood ) Her 9 year old granddaughter lives with her and played with my son. This little girl didn't want my son playing with his best friend who lives across the street so she would make up lies and tell her grandmother who would then go ballistic. I have watched this woman scream at neighborhood kids on numerous occasions. Last Summer the little girl was in my house and the boy across the street showed up. She told me, "my grandmother won't let me play with Seth". I told her that if that were the case then she would have to go home because in my home, everyone plays nicely together.

Several weeks ago the girl and her 7 year old sister were at my home playing with my son and another child. She claims that my son's friend punched her sister in the face ( there were no bruises or signs of trauma ). I took my son aside and asked him what happened and then took his friend aside and asked him. I got the same story from each.

The next morning my son went down to this girl's house to see if she could play. The grandmother came outside and started screaming at my child for "siding" with his friend. My son is very shy and not used to yelling. He came home visibly upset and shaken. Oddly, the grandmother didn't come down to my house like she usually does. A few days later, my son was still afraid to even ride his bike by her home. The girl sent one of her friends down to our house to summon my son to come up to their house. I told the child no, that my son was very upset because the grandmother had screamed at him. I told her that the woman needed to come down and apologize.

After several days, my husband went down and asked the woman what happened and explained that our child was very upset. She said he was being too noisy at their house so she yelled at him ( she then launched into a tirade about his friend who allegedly punched her granddaughter over a week ago ). This woman is acting really strange and I am now noticing her running to my next door neighbor and the woman across the street ( people who she couldn't stand a few weeks ago ). On Christmas day the granddaughter came down to our house while we were outside, her Aunt came down and told her that her dad ( her parents are not married and her dad only stops by on Christmas or birthday) was coming over. The girl starts yelling "HE HITS ME ! I DON'T WANT TO SEE HIM". This startled us because she doesn't have any contact with her father. He doesn't keep her on weekends, holidays or even pick her up and take her places. For all intents and purposes, he was a sperm donor and nothing more.

The little granddaughter is being kind of cruel,when my son is playing with his friend, she will come down and tell the other child to come to her house and she will give them pokemon cards or something else. This has left my son in tears.

Yesterday, my husband and I were relaxing in our front yard. The granddaughter had been riding her bike near my house ( waiting for my son and his friend to come outside or something ). The grandmother comes outside and yells "Lori come back down here, those people are SICK ". My 80 year old neighbor came outside and I commented that this was getting out of hand and ridiculous. She said she was tired of it as well and said that the grandmother had come over yesterday with HER side of the story. She is telling my neighbors that my son said to her granddaughter, "show me your tah tah". This is NOT the reason she told my husband she yelled at him. I am mortified ! I am terrified she has repeated this to other neighbors.

My best friend is an attorney and has told me to confront her and tell her in simple terms that the "slanderous" and malicious gossip is to cease immediately or that we will be "forced to take legal action". I am terrified to even approach this woman for fear of what other lies she will make up. In this day and age, a child can accuse someone of molestation and the accused party is guilty until proven innocent. My husband and I are working professionals....stereo typical Yuppies.

Any suggestions would be greatly appreciated. Again, sorry about the anonymous post....you can refer to me at Cecile

Posted by: jwrhere
I was speaking to a co worker on the phone and during the conversation made the following comment "I am headed to Palmetto to find me a psychiatrist before I go postal and kill everyone." It was said in an obviously sarcastic tone. It was said off work premises and after work hours. The person I was speaking to took it out of context and embellished, rather changed significantly, what I said and most importantly what it then meant. She told the administrator that I had said "If I don't find a psychiatrist I am going to go postal and kill all the employees in *****(my) company" No one ever called me and asked what I said. I have been laid off of work without pay. The police were called then canceled. Every co worker in two locations was told the incorrect information re what I said. At this point my entire company thinks I am some kind of killer that is laid off for mental health reasons. I am humiliated. In this line of work people come and go and you always see them again. I feel that my reputation and future in this field is in jeopardy. What I said should not have caused this reaction. It seems too easy for someone to slander me so easily and end up resulting in this. Do I have any recourse? Happy Holidays.
Posted by: olittlewood
smudlik,

wow, that sounds like a tough situation you're in. i would immediately consult a lawyer (if you have one) or see if there is a local agency such as legal aid, that can give you some good legal advice to protect you personally and your job. in regards to your job, i would seriously consider finding a new job. it sounds like your working conditions will be strained and uncomfortable to say the least -- especially if this coworker stays on. document EVERYTHING that has happened and happens in the future so that you have dates and information you can use to protect yourself. also, i wouldn't give my co-workers ANYTHING they could ever potentially use against me, so remember to keep it professional at all times.

Posted by: smudlik
Hello everyone,

I am not sure either, whether or not I can do something to stop my new colleague attacking me with a defamation.

A testimonial was written by my colleague (and I have a copy) that I have been speaking badly about my manager, general manager and some other employees, including some of them having sexual relationships together (higher management and workers). It is an impressive list of lies, that are actually even hard to believe.

My colleague really must have worked extremely hard to construe something like this.

I was asked to go on administrative leave for 2 business days so that an investigation can be done. What can I do in this case? Thank you very much for any help.

Posted by: garon25
Last week I learned that I am getting sued for “Maliciously and intentionally failing to disclaim that a property I sold could be subject to basement water damage”. HISTORY: My wife and I bought land and divided into a small subdivision. In 1997, we built a home on the property. A year later I was hired at a new job which required that I live within a certain distance from the office. I also sold the remaining lots in the subdivision. Now almost 6 years later due to a heavy spring melt and rain, two of the homes experienced water damage in their basements. They contacted me to meet with the Township Board to discuss ways to divert water coming from another property (crossing a State highway) and keep the water away from the house and land I developed. The township and county told the new owners they will not do anything about the problem. So now the two owners are claiming that I failed to tell them that water could do damage. This is very hard to prove for one and they also filed 4 days prior to the statute of limitations.

Here’s my issue… Once friends of mine, they are taking me to court. I have the all parties involved in my development supporting me as the water coming in the land I once owned is not a result of anything that we did while developing the land. I am a Police officer and have been for 11 years. In my field of work, character is EVERYTHING and allegations of being untruthful can get me fired from my job or worse yet cause problems in the event I go to court and have to testify that my investigation is true and correct.

The two that are the plaintiff’s in this case are also cops. My question is can I sue for Defamation of Character? I feel that God help me I am taken to court by someone I arrested or worse killed as a result of an act they committed and now I am in a wrongful death civil suit, I am worried that due to public record anyone will see that I was once sued by TWO FELLOW cops and that they said I lied to them. Now there could be a doubt left in the jury that I lie. I have NEVER been disciplined for being untruthful and am worried that this suit could have long turn effects on my career. CAN I COUNTER SUE? Any help would be great.

Thank you

Posted by: maxie456
My husband and I recently severed a business relationship and it did not end on the best of terms. We found out from another of our clients, who had just come from a meeting with a banker who we have done business with previously, that the bank wouldn't consider him for a bank loan if we were his partners on the deal. The banker said he couldn't elaborate, but it was because of our previous business partner's statements about us. This will have a huge impact on our business. I am curious to know if this qualifies as defamation of character.
Posted by: anon5566
I had an employee(secretary) that i caught inflating her hours, and asked her to correct her hours on the next check, well she still proceeded to print a check out for the inflated hours and when i confronted her about the check, she said she forgot, and i asked her to shred it and print another one out, so a couple of days later, i had this feeling she did not do it, so i asked her,and she informed me that she did, well the bank said that they had to checks cashed and they also faxed over the copies of the deposits, long story short, she walked out on me, simply cause she did not want to admit she was in the wrong and to put it simply, stealing. She is going around to people, telling people she is going to take my business down, she admitted to people she went in the computer and took numbers out, she refused to give the key back for the office, and is making up stories about me that are not true, so it coincides with her intent to take my business down.
Posted by: kennlock
I really wish you the best. Thick or not with the VP, the VP needs to know the truth. Everyone else knows it, and if this dude is attempting to ruin your reputation, occupation, or marriage, he needs to know there are legal steps you can and will take, and your company is also culpable too, if they take action based on false information and accusations, particularly with the malicious intent this dude has in mind. He is one malignant character indeed. He does not deserve to have a place with this company, I don't care HOW thick he is in with the VP, and maybe the President needs to know about this, and if you lose your job or other important things to you, the company could end up paying as well, as they are very much indeed in part responsible for the actions of this man.

kennlock

Posted by: ramzi
Thank you Kennlock, I will have a chat with him about this first thing monday morning. Till now he does not know that these people have told me about the papers he wanted them to write. One thing is, that he is best friends with the vice president of the midwest region and he have said in the past "as long the VP has a job in this company, he is guaranteed a job" which is true that he backs him up 100%. I just want to make sure that I do everything I can so there won't be anymore victims!!! I will keep you guys posted on what happens next. Thanks a lot for your time
Posted by: kennlock
From what you said have said already, you are very strict in your religion and happily married. Why would your wife believe all this rot and lose your marriage and how could you lose your job with 12 witnesses? What are you worried about? Put a letter together, signed by the witnesses and send it to your REAL superiors. Your situation sounds cut and dried to me. It amazes me, if everything you are telling us is true, how folks in a situation like this can worry about all the things you are worried about. Sounds to me like this buzzard needs to lose his J. O. B. !!! You answered your own question when you said "if this 'defamation of character' spreads far enough".... that's the point! Most should see it for what it is: gossip, lies, and false defamation of character. Nip it in the bud by going right back to the bosses with, as Paul Harvey puts it: "The Rest of The Story". Get it? And cut and paste your letter here, and this answer as proof to show your concern; that you even went to the internet to get some advice. I hope this helps. Please answer back if it does. I would sure like to know I am not just talking to a brick wall. Most folk never even answer back Ramzi, one way or the other. Thanks in advance for answering back if this helps one way or the other.

Kennlock

Posted by: ramzi
hi,

i work with a company as a front end manager and my branch manager dislikes me and even suspended me for a week for something simple. I got in contact with most of our corporate members, they recieve numerous feedback about my "superior customer service" so they paid me for my week off and i was brought back to work and he was informed that he does not have any power over me. Anyhow, so far 3 of my employees and 2 assistant managers came to me this week and told me while i was on suspension he persuaded my employees to write sexual harrassment letters against me. For return he promised them a higher position. So now he is trying to say that i sleep with my employees. I am happily married and I am very strict in my religion. I have a total of 12 people that witness he dislikes me and he wants me out, while the rest of the company are against him. If this defamation of character spreads out far enough i can loose my marriage and loose my character in my community and also loose my job. Plz tell me what can i do????

thank you!

Posted by: keith2001
Hi,

I would like to know if I have a case for Defamation of Character or something else.

I'm an Independent Contractor and the President of a Nevada Corporation and work for a Federal Contractor overseas. The Federal Contractor sent out an email to all ICs about our new contract. While on duty overseas, another IC called the Federal Contractor and left a message stating that they were me and said my name six times. The caller threaten, complained, and bitched at them about the new contract. I have the message recorded on file. The Federal Contractor then contacted me wanted to know what the hell is my problem leaving a message like that. I was in a world of a mess and could have been fired. However, they know I didn't leave that message because the person's voice on the message is not mine. They are investigating to find out who did this and they will terminate him ASAP.

I work in a war zone and it's stressful enough!! I don't need this added stress. I'm not sleeping, eating, I'm not thinking clearly and that is a dangerous combination. It's dangerous enough here, not to mention with all of this added weight to think and worry about. This message incident has me nervous and pissed. I'm nervous because I don't want any problems or my name to be tarnished. And I'm pissed because I can't believe someone could do this to me and I don't want this person to do any more damage than he has already done.

What do you think; do I have a case against this person and is this criminal. Please let me know.

Thanks!!

K

Posted by: Bichons9
"You can't unring the bell"...I recently posted a scenario on this site that I believe to to be the venue for constant "defamation" issues, which do not seem to rise to a "real" defamation of character because they relate to Custody Disputes. For some reason, it has not been posted. Well anyway, when an individual and/or his attorney start making up lies to hurt the other party and gain advantage regarding, "What is in the best interest of the child", I should hope that someone should take notice. Of course, it will often be said that the the allegations made are "irrelevant"..but the strategy of providing false information is all too common in the COURTS! Why? because no one sees the consequences that can potentially harm the other party, except for the clever individuals who are committing the "defamation".
Posted by: kennlock
Hi psunbunny!

Good seeing you back here again. I am encouraged by your presence. Saddened by the circumstances however! I said the last one would be my last post, but since you mentioned me by name, well, I had to post. Thanks. I don't have admin's email address, but he has mine and has both your permission to give me your email address, and now has mine to give you my email address, so I can get the web site and see it. So far, sounds like a solid case, psunbunny!

kennlock

Editor's reply: Actually, to protect our users' privacy, email addresses are stored encrypted in the database and humans don't actually have access to them. Sorry I can't help with that!
Posted by: psunbunny
It's me again!....the wife with the husband being used as political fodder....we're getting closer to election time. Things have gotten so bad at work for my husband that he resigned and found other employment. Since, we've contacted an "employment" attorney to look into the situation. It seems to me like he is hedging on taking any action at all and I don't understand. The candidate keeps hammering at my husband's reputation and work ethic in the newspaper even after my husband has moved on. Not only has he (the candidate) posted a police report that we believe was fabricated on his political website, he now has posted a copy of my husbands resignation. Now, not only do I think there is defamation/libel case here, personnel records that are confidential have been compromised that is a violation of the "sunshine act", I think. I would guess that an inside staffer of the township saw the resignation, copied it and gave it to the candidate. So I'm looking for some advice here....any help out there? The attorney we are working with said he'd spend about an hour or so to determine whether its lawsuit worthy or not....Kennlock...your opinion would be a great help!....And if there are any attorneys out there who wants to take a look at the website itself, e-mail the monitor and ask for my e-mail address. You guys have to remember, my husband just turned 60, been doing this municipal work for about 25 years. He is looking at retirement in the near future and if these actions cause him to loose his new job....where/who will employ him then?....We still have bills to pay and he'll still have to work somewhere.....
Posted by: kennlock
I tried to post some good advice to angelo. I will once more. It is futile in my humble opinion to file lawsuits against people like these. Take your husband and at least one other person and confront the party and nip it in the bud. Take a tape recorder in your hand and let the party be aware you are taping the conversation. Period. Make it really plain and simple you will not put up with this. In fact, let your husband do the talking. I am sure if he is half a man he is quite capable. Oh, and admin, thanks for keeping this post up. This is my last post.

Kennlock

Posted by: angelo
I am in need of some advice regarding defamation of character. My husband and I are in a seasonal campground and we go there on weekends and sometimes a week at a time to relax and get away from our hectic schedules. Recently, we have had a problem with a man (approx. 70 yrs old), if things aren't run or done in the manner in which he wants it he creates problems with people. Him, his wife, daughter and son-in-law now have a problem with the manager of the campground and have said some pretty nasty things about her. My husband and I were friends with both parties until recently. I took on the responsibility of refurbishing a rental trailer to get it up to date and ready to rent as a favor to the manager. In the meantime I did not realize that rumors were be spread through out the campground about me. A complaint went to the manager's office from a new camper in regards to the fact that this man said some really, really nasty things about me and what I was using the rental for. The complainant said he did not want to hear this kind of talk and did not want to get involved. The complainant also said that since he had not met me yet he felt very uncomfortable with what he was told. He also is an elderly man. I cannot write what he referred to me as. He claimed that I was getting this camper ready for my own use so that I could have my husband in our camper and use the rental for all the other men. I am so upset and I don't think he should get away with this. I feel that there should be consequences to your actions. Everyone let's it go because he is old, well he still has his faculties about him and he knows what he's saying and doing at all times. I realize that he's an evil person and I should just ignore him but this is about my reputation and what I stand for. He has called me and other women things in front of people. Any advice out there on if I should pursue this or what can be done? I would appreciate any advice.

Thank you

Posted by: ARUBIO
I need some advice on I think a slander case. I recently quit my job at a assistant living home because of work and school schedule issues. Now I heard that a co-worker is saying that I got fired because I abused the residents. I way I heard this was because a friend of my father heard it from another person that knows my ex co-worker. I am afraid that this co-worker has told many people. What can I do?? I am very upset because I am afraid that it will hurt any future jobs I may apply for if word gets around. I am very hurt and offended because I really cared for these people. Please write any advice!!! thank you
Posted by: thatguy
My GM at the restaurant I am working as has accused a manager as being a drug dealer. He is not, yet she keeps implying that he is and is using those who she knowingly use drugs to spread these rumors and lies about them.. Does this have any legal merit for Defamation? Will getting the conversation on tape hold up in a court of law? Any help will be very helpful!!
Posted by: kennlock
Why is he accusing you, and does he claim to have seen you?
Posted by: october1951
Yesterday at work I was accused of keying a car that was parked at the dealership where I work. The 34 year old owner said in front of my coworkers you did it. I am 56 years old, and i am extremely hurt by this accusation. Do i have any recourse?
Posted by: kennlock
Antrey2,

Obviously you have a good relationship with the owner of the dealership, and he is on your side, or you wouldn't have heard about the letter, -- about accepting the coupons? He might just want you to continue to accept them if this guy is a "cash cow" for his dealership in a recessed market. Copying expired coupons is not a "new art", and this guy is obviously a con!, taking advantage of your companies good will. I'd recommend you keep that good will if you have some in date coupons. Give him a few, and when you do, gently remind him that copying an coupon is no different than counterfeiting. It's FRAUD! So, when you sweeten it with more coupons, it's called turning the other cheek. Discuss this with the owner. As far as tarnishing your reputation, the only reputation this cheapskate has tarnished is his own. Yes, I'd say he tried to defame you all right, but in "stepping" on you he lowered himself. He is not worth the time of day. Hey, and it IS your service department! Have you not read in Genesis we are to go forth and subdue the earth?, and rule over it? The service department IS your kingdom! Rule it with Justice and Humility, Mercy, and Pride, the right kind of pride of course. Uplift those around you; encourage your employees, and speak kindly of your adversary. He really doesn't realize what he is doing. The one he is really defaming ultimately is his self. He's a loser in the long run. It will catch up with him. I hope this helps. So now, as Dr. Laura would say, "Go take on the day!" :)

kennlock, just an old potatohead! - yeah I checked out the geneaology page! :) Nice website!)

Posted by: antrey2
I am a service manager of a large new car dealership. To date we have serviced over 8,000 vehicles and we are one of the highest rated dealers in customer satisfaction. There is one customer who has bought several vehicles from our dealership and also services the vehicles at the dealership. The problem is when he brings any of his cars in for service he brings in a coupon that he copied off the internet that was used in October 2002. It's a copy of the original coupon but without an expiration date. I allowed him to use the coupons on his and his family members' cars because he had bought several cars from the dealership. I then told him that due to the fact that business has slowed down I would no longer be able to honor his coupons that expired 10/02/02. I also instructed my employees not to accept those coupons. he then wrote a letter to the owner of the dealership complaining about me not accepting his coupons and in the letter he called me a "Gestapo-In-Charge" and called the service dept "antrey2 kingdom" I feel he wrote this letter hoping it would get me fired and that would result in tarnishing my reputation. Is this an example of defamation of character?
Posted by: psuviking
I was let go from a job a few weeks ago where I held the position of lawn maintenance manager. I was asked to commit acts of fraud on behalf of the company because he didn't care for the property manager at this one particular apt. complex. The owner asked me to call the nursery where we get flowers and see if they will come up with some "phony receipts" in case the property mgr. wanted to see proof that we put in "X" number of flowers. I advised him that I didn't think that was a good idea and he responded, "please just do what I ask!" I didn't like doing it, but I did. We got the phony receipts he wanted. I didn't think this was very ethical and it went against my better judgment. He told me I sounded like his wife, etc.

He also doesn't hold a pesticide license, but advertises on his website that he has NJ. State license when it comes to lawn care, fertilizers, etc.

He also hires illegals and has them drive company trucks when need be.

I have posted a blog on myspace concerning his unethical ways and also contacted a few people I dealt with at a few properties letting them know exactly who and what they are dealing with.

IS THIS DEFAMATION OF CHARACTER???? OR does he have to have some character to defame in the 1st place??

My girlfriend is worried about me getting sued for defamation of character and thought I would search the web to find out more about this.

I am also going to talk to an attorney about my firing. We in NJ. are an "at will" employment state but I also feel that because of my threats to expose him for these things, I was let go. In one conversation I said to him, "let's ask DEP and see what they think?"

There are serious fines for doing business in NJ as a pesticide business but not being licensed, but I don't know how well they enforce the law!

You can lead a horse to water but can you make him drink???

Please help... thanks!

Sincerely,

Freedom of Speech

Posted by: kennlock
Seems like we are finally getting some real "substance" questions here, right Dayton? I have to agree with Dayton too, and yep, I'm no expert either, but the burden of proof is on him. You have a right to write about your life, and as long as you are not "putting him down" by mentioning him by name, I'd say tough luck guy!
Posted by: Dayton
I'm certainly no expert, but I absolutely agree with you, Anonymous. In order for your ex to have a case, he'd have to prove that he's suffering because of what you wrote. If his name isn't in the book, then that will be very difficult for him to prove. I wouldn't lose any sleep over it if I were you.
Posted by: anon3953
I wrote a poetry book and my ex-husband got a copy, in my book I do not mention his name, only his actions, like him cheating on me. He claims that he is going to show it to an attorney. All lines in the poem are true and since what happened between us also happened to me, I think that I have a right to write about my life, as long as I do not mention his name. What is your opinion? I think that he has no case, because he will not suffer any loss from the one poem in my book.
Posted by: kennlock
psnbunny, next to my own questions back in June, when I purchased the online book, you have posted I think, the most worthy of defamation posts I have seen. In fact, you have posted a much more worthy defamation post than my own. I will go on to say slander and more. I wish I knew more detail. Unfortunately there is no way, unless you email the moderator, of putting us in touch with one another. I am not an attorney, but I am hopping mad already from what I read, and I am ready to take up the banner for your cause!!! So if you can email your email address to the admin, moderator or whatever, he can put us in touch with one another. I am sure you are not going to want to go into particulars on this website. I would like to see this website of his too. The moderator knows me well enough to know I am very sincere. You can read my posts (including the snafoo above) to know I am very well meaning, intentioned, and sincere. I would like to help every way I can. You have in my opinion, a very worthy cause!

kennlock

Posted by: psunbunny
My husband has been made political fodder on a candidate's website. The candidate is running for a municipal supervisory seat and using the theme of "good government" has posted things on his website and spoke to reporters about my husband and his work ethics. He is an "at will" employee with the municipality which means that he can be dismissed without cause. Which is the candidates intension if elected. My husband has done nothing wrong. The position he holds is non-political. We feel that this information posted on the website will effect my husbands work ethics and reputation when it comes time for him to look for another job. Can anyone provide any advice on if we should pursue the candidate in a defamation lawsuit or is there something else we should be doing beside sitting idle and watching his career go down the drain?
Posted by: kennlock
MsKris,

Thank YOU for not coming down too hard on me. I wasn't quite sure how you would take my apology, and though you did give me some well deserved rebuke, you showed some kindness. I am the same kind of person you are talking about. I am for the "underdog".... have been all my life. I am sick and tired of seeing folk being downtrodden, and I am sorry for your situation. I really wish I could offer some counsel; some solution, to help you in your situation, i.e, the injury that you feel you might suffer in your job, etc. In my case I think you may have read up the thread, I DID purchase the online book on defamation... It helped me NOT to file a suit against the ex neighbor that was accusing me of stalking her (I think she suffers from parnoia)... But there might be some good advise in there for you how to put a cease and desist letter (sent certified), along with a demand for retraction to this slime bucket, what he is doing to you. Slander is slander, if it degrades a person, even if it is personally and intimately correct, because the intention is to hurt, which is obviously slime bucket's intention. That STILL qualifies as defamation of character. You would need to read the book to understand. If you cannot get the book, you might want to check your local library to see what resources on def of ch. or available there. I wish you the best! And thanks again. I offer my sincere apology once more along with my sincere regret for your bad experience with this slime bucket and hope you can resolve the issue and stop his running mouth.

Posted by: MsKris
Well thank you for at least admitting it and apologizing. It was a slap in the face after being hurt once by one man and his co-workers then try to find some help and get made fun of for it as if all women are playthings. A man wouldn't think it was too funny or say those type of things publicly if I happened to be his sister. Thank you for your information and I hope you don't judge others as quick next time. I do understand your frustration, I just think the world would be a much better place if people wouldn't judge so quickly. Unfortunately I do not have money for such a case but who knows maybe I will find some good hearted person that would "pick up the cross" but I really doubt it. I say thank you because that is the type of person I am even though I really am still quite hurt by what has been said by everyone...it sure didn't help me start believing in any men again anytime soon. Just keep up your good work here...that's why I wrote to ya...thought I'd be treated well by what I had read. Just remember to get the facts and have a little more faith in people you never know who you are talking to or helping.
Posted by: kennlock
Ms.Kris,

My apology for my poor judgment in my comment as well. You are hurting very much I see. I hope you will accept my apology, as I realize I was wrong, and I played the role of a coward, as I was the one who also posted anonymously. There are so many folk who come on here looking for a quick fix that I get frustrated at times that they come in here, hit and miss. I really do apologize that I have hurt you. I hope that you will accept that I am publicly man enough to admit it. Since we niether one know the other, we might say that no harm was done, but I am not stupid enough to say that, as you obviously were and are probably angry as well. So if you have it in you, please forgive me.

I really do mean it though when I say it, that we (men and women) do get the cart before the horse in America these days, and though I have a marriage (with 100 % fidelity) that has lasted some 41 years so far, I understand the temptations to be sure. None of my children have been so fortunate, so maybe I am a bit "cynicle"? If you are really wanting to see that no one is harmed by that man, be ready to pay out some bucks! And I was not implying that YOU were wanting any money, but an attorney is going to want to get money from somewhere, and this is NOT from what I can tell, a "criminal" matter, but it is a civil matter, but you would have to consult an attorney on that. The only remedy for this "Casa Nova" is going to have to be monetary, and if he doesn't have money to be got, then he has nothing else to shut his mouth up. That is the bottom line. Again I offer my apology. I hope by coming out in the open, that I have proven to YOU, at least that I am NOT in the same category as this man you dated. Please accept my apology for what it is. I spoke out of turn, and I learned my lesson.

Posted by: MsKris
To Mr. Anonymous:

Your statement "There are decent men available, of course those men are looking for decent women." So are you implying that I am not a decent woman just because I dated a guy that ended up being a jerk? "Which means you might want to make some changes." I think I already thought of that genius. "I don't mean to come down hard on you,..." I think that is exactly what you were trying to do because no where in my trying to get some information did I give you any reason to assume that I was an indecent woman, only one that made a mistake by trusting a man that was a very slick talker. The only "crime" I am guilty of is that I don't judge people before I get to know them or before I get all the fact. So since I assumed this was an adult conversation I assumed that I would be treated as such and not judged like kids in grade school, my apologies for being misguided. I see that good and decent guys also don't care what those other guys do to women as long as they aren't invovled. Why doesn't anyone ever step up nowdays and ever say "Hey that's wrong!"? Nowdays everyone just puts on blinders and minds their own buisness and if someone complains then it must be because they deserved it. I don't want anything from this guy! I just don't want him to hurt anyone else and I was trying to see if there was anything anywhere that some decend good person would know what to do about it. My apologies for being a decent, kind and caring woman trying to stop a bad man.

Ms.Kris

Posted by: MsKris
Thank you for putting some salt on the wound there....I know there are nice guys out there and guess what? He just happened to seem like one of them being a friend 1st for several months. Just because a woman gets "screwed" by a jerk doesn't mean that she's stupid you know? And anyway I wasn't looking for any $ at all from the whole thing...I could care less about that! I just don't want him doing it to anyone else. Thank you for making me feel even more like dirt! And oh yea! Imagine that I don't trust a living guy now! And the "good guys" wonder why women become bitter? It's jerks like that that we trust, that play on our trusting and kind nature, that screw us up, so then we don't trust anyone else...I never wanted to make this a relationship issue at all! I think "Anonymous" judges people a little too fast before he knows all the facts. Thanks again JERK!
Posted by: kennlock
WOW anonymous! You beat me to the punch! You surely said it better than I could have, and a whole lot "funnier"! Why not sign up so we know who you are?

kennlock

Posted by: anon3796
I would consider it defamation of character, but then, I would be careful what I do in the future too. Ever think of getting the horse before the cart the next time? There are decent men available, of course those men are looking for decent women. Which means you might want to make some changes. I don't mean to come down hard on you, because in cases like this, the women get a raw deal, just like as they do when they get pregnant.

Back to the defamation of character. The guy probably doesn't have any money. No lawyer is going to touch it. To put it bluntly, you may have gotten ---ahem--- "screwed" this time. You have a tough issue to deal with. Almost everyone I've seen here has a no-brainer case so far..... no case.

Posted by: MsKris
I'm hoping to get some help and information here. A friend of mine told me to look up this topic because of what I'm going through. My situation is that I had dated a guy for a while and I thought it ended just because he wasn't ready for anything serious. Then I come to find out from his neighbor (whom I had become friends with - I'll call him "Bob") that he actually was dating several women. That was even more heart breaking but not the big problem here though. The problem is that "Bob" told me my ex boyfriend was telling everyone at his place of work all about our intimate relationship in detail! My ex boyfriend told all of this to "Bob" I'm assuming because he had thought about dating me. I was sickened and horrified!! We are talking about very intimate details being talked about at a place of work and in public that makes me feel...well I think you can imagine how it makes me feel. No one should have to put up with such things! So my question is, is there anything I can do about it? Is this truely considered defamation of character? If this got around to my place of work (which it very likely could) it could hurt my job, especially me being a woman being talked about in such a way. This guy doesn't seem to care who he hurts and I know if he's doing this to me he more than likely is doing this to other women too.
Posted by: MrJohns
hello well where to start first my bother is in jail and 2 women have been on his yahoo account and messaged me on his account then i told then to get off his account and they said they were going to post this thing on don't date him girl a web site i guess well there are a lot of slanderous statement on this website about me not to mention my lil brother has had a posting made against him as well. what i want to know is they have now made a impostor profile on myspace.com about me and my my lil brother and also have i will be posting the myspace id's on here also so you can check them out i mean we have notified myspace about these Impostor profiles and have reported them and myspace has not done anything about them also while i was in florida i had attempted to apply at this one job and then come to find out one of these persons in question had access to personal information such as background check, job history, and also financial information as well as the application itself even though she was not in a managerial position or even a supervisor of any sort is there anything i can do i have them on messenger openly admitting this statement and doing these heinous defamation of character on myspace here are the 2 myspace pages that involve me and my brother

this one is the impostor profile that supposedly is me the myspace Id #240572880

what can i do about this is this enough for defamation of character?

sorry about the punctuations because typing is not my strong suit

Posted by: anon3485
Hi Kennlock, Yeah.....the situation is really upsetting. But, I appreciate your help. Bless you, and take care!
Posted by: kennlock
Hello Anon,

I purchased the ebook on defamation of character. I think it would be really helpful, and no, I am not being reimbursed for "putting a plug in" for the forum, or whatever. It was really very helpful in my NOT making some serious mistakes. As a result, I decided NOT to file a defamation of character suit, though I rightly could have. Remember, I am not a lawyer, have no legal expertise; I am just trying to offer what I think might be some common sense ideas. Ugh! Yours sounds like a very Ugh!ly situation indeed! -- to say the least, and very complex; because it is not merely just defamation of character, but tied in with legal proceedings, and a little more difficult (did I say a little more difficult?) to sort out. If the legal proceedings were not going on, it would be more slam dunk, ....but, they can say they have good reasons for "making the accusations", and it is not uncommon for this to happen in divorce proceedings; to make matters even worse! Well thought out or not, it is an intentional tactic, to tear you guys up. It happens every day. The only remedies from a defamation of character lawsuit are financial, and if there are no sizable assets to be had, I don't believe an attorney is going to touch it. It is pretty much of a civil matter as far as I can tell. But don't take my word for it. I would ask your attorney, bottom line. So far as I know, no one peeking in here has the legal expertise to answer you. I wish I could offer you more than that. If you got the extra $20 though, I'd consider the book. It was a definite help to me. I wish you the best, and I hope this helps just a little, at least to get a clearer picture of what you are up against. I won't say good luck, because I believe in providence. May God grant you peace.

Kennlock

Posted by: anon3477
Hi Kenlock.

I want to be registered, but I'm not getting the registration email thingy..

Anyways...to answer your questions..

The allegations were made against my father. They were made by his ex wife, who was attempting to alienate his children from him. The allegations were found to be false after several months. My dad was never convicted, and no charges were ever brought against him. Now, over 20years later, out of spite...my dads ex wife got in contact with my child's father. Told him that my father, sister, cousins, doctors and several other people have sexually abused me. She also told him that my sister sexually abused a baby. These allegations are totally and completely false. So, my child's father has brought this up in our current custody case. An investigation was done on my father, which turned up nothing. Even though the court has told him that the investigation was done, and my father is cleared, my child's dad keeps bringing it up every time he files something new. Along with making other kinds of wacky allegations. I know my dad wants to sue her for defamation, and sue my child's father...But, what can I do? It's all being brought up in MY court case, which is really frustrating.

Editor's reply: I'm looking into the registration issues! Sorry about that!
Posted by: kennlock
Dear Anon

Is the person being slandered the subject of the court case? If so, have there been new charges filed in an unrelated case? Who is making the accusations against this person? There is a lot of information that you are leaving out. If the person being slandered is not the defendant, how does it bear on the case. It would help if you registered, so that we could help better. We still won't know who you are. No one get's your email address. No one has mine. But if you don't want to, we'll still try to help, but we need more specific information.

Sincerely, Kennlock

Posted by: anon3444
over 20 years ago someone close to me was falsely accused of molestation. After several months going in and out of court, the charges were dropped, and no there are no convictions on their record. Recently, over 20 years later, the person who made those allegations told another person, and now those allegations have made their way into a current court case that I am the responding party in. Is this defamation because the allegations are false, the person was never convicted, and this person is making all kinds of other allegations now that are ending up in court papers. Im at a loss here...i don't know what to do.
Posted by: kennlock
Unclerick, are you still there? How is your situation going? If you want me to email you, write to the admin with your email address and give them permission to pass it on to me and i will discuss with you my victory in my situation. We won and moved. Let me know here, and let me know what you are going to do. Best not to post your email address here. Kennlock
Posted by: kennlock
First, you didn't say the "someone" is identifiable. Without that, you don't have a case of defamation of character at all. Even then, if you do, you must know what the basis of the accusation is on. Of course, if the accusation is false and baseless, sounds to me like you have a case of police harassment. For what is the court date? What are the trumped up charges?
Posted by: TootsBear
My son-recently enrolled as a college freshman-has a problem. It seems someone said that he was looking to buy drugs-a statement that is untrue. Unfortunately, the police were notified and he was questioned, his room searched and a court date set. As the statements about him were untrue, does this constitute defamation?
Posted by: ERIN32871
I was curious how often people check this discussion group.. I wrote the above discussion and I apologize for it being so long... Any and all comments or questions are welcome. Unfortunately there is much more that comes into play with this situation.

Thank you sincerely for your time and consideration in advance!!

Erin

Posted by: ERIN32871
I have a situation that I would like some comments on. I am pursuing a case of Wrongful Discharge in the state of Pennsylvania. There are many different avenues to this situation and I will try to keep it short. I was hired as a Property Manager for a 407 mobile home community among the interviewees were myself, the previous property manager's friend and another woman. The previous property manager received a promotion with the main company to regional manager. When the phone call was made to the friend of the regional manager who did not get the job the comment was made that "When she is fired you are next in line for the job" the friend persisted on complaining to her friend about the decision. Made a comment that "now she is going to let all of the n*****s and sp***s up in the park" I have a mixed child and my husband is black. These comments were relayed to me first hand from her friend after having a falling out. I was sad that race was brought into anything. See the Previous property manager didn't make the hiring decision only to take part in the interview. Since day one lies and defamation of character took place. Tenants coming up to the office made me aware of this comments. The maintenance man for the community was also spreading confidential information around that he should not have been. Being rude to tenants giving the middle finger to a gentlemen after the gentlemen who was getting his mail. Lying about my personal life and not doing the work that I was to assign to him. One day after work hours I had a friend stop over who use to live in the community she was dropping her children off with their father who lives here, there were going to their grandparents for a month for summer vacation. We went up to the pool, I had had a rum and coke before she got to my house. We talked for a little and decided to go see the kids up at the community pool before they left. Upon entering the pool gate I stated to the daughter(a lifeguard) of the pool manager that we were just coming in to see the kids. We proceeded in and after walking in there were two ladies that had asked if they could speak to me before I left about some issues in the community. I was off duty but I said yes but to give me about 10 minutes to say hello to my friends children. I among everyone was questioned if I had been drinking, I answered I had one drink after dinner. The daughter called her mother on the phone. 5 minutes later the mother (pool manager came up to the pool and embarrassed me and said that I was drunk and had to leave the pool. I could not believe it I had one drink prior definitely not drunk the two woman were waiting to talk to me and the pool manager telling me to leave. I went over and apologized to the women that I would like to address their issues but was being told to leave and the question was quickly presented anyways I told her I would look into the matter but I would have to get back to her. I told my friend lets go they are making me leave the pool. After getting outside the gate the I was stopped by another woman and proceeded to talk to her.. The cops came up the street..... The lady walked back in the pool area The cops proceeded to tell me they were called and told that there was a intoxicated woman in the pool area that refused to leave the pool did I know anything about it??? I said wow Vicky called the cops on me... I guess I am the one you are looking for... The officer could not believe his ears. He could clearly see that I was neither intoxicated or unruly... Nothing was written up by the cops they dismissed the whole situation and continued to talk business with me on another matter. I was upset. Then on Monday my manager came in and had me sign a document which I was disheartened and not feeling I should have to I did not break and of the rules. In confidence we spoke about the matter she said that the main office was making her have me sign this reprimand which was a 6 month probation period. I was told specifically that this was only between us that shouldn't even discuss it with the pool manager (her friend) she only knew that she was going to be talking to me about the situation. They would not know that I received any type of recourse except for the discussion. The next day I was asked by several tenants about the situation the story was so out of control... The 2 cops had to supposedly take me out arm and arm and that I was given 6 months of probation for it... I was so upset, the whole story had been misconstrued and confidentiality had been broken. Is this breach of privacy??? Defamation of character??? Before this the pool manager and maintenance man were on a rampage spreading lies around to begin with this hurt my feelings and caused a lot of questions... Last Month a soon to be ex-husband was causing some trouble in the neighborhood harassing other tenants about his wife's whereabouts and harassing phone calls to the office followed up by unannounced visits... The man was no longer a resident and the police were getting tired of dealing with the situation. I was instructed by my manager to send him a letter ..he had no physical address, I explained this to my manager and told her I could get it to him by sending it to his friend( boss) who worked out of his home. The fried was already aware of the issues between his wife and the man. He had been involved in a police issue previously with the husband so he could talk to the man sensibly. I sent the letter by fax asking the man to refrain from coming in the community any longer and harassing tenants and myself up at the office. I was terminated for several reasons retaliation, racism and breech of privacy for the letter sent to the man. Thank you for reading this ...any information will be helpful... I am going through the PHRC to file a complaint.
Posted by: kennlock
Dear Helpneeded:

My situation was clearly to start a defamation of character that started over a year ago by a schizophrenic paranoid 66 year old lady (now 67). I am now 63. To make a long story short, she was accusing me of "stalking" her among other things, all very obviously untrue to both the property and maintenance managers as well as my wife and others. I am very involved in our church, guitar playing and family activities to have time for such praddle. But there were enough other neighbors around that believed it that it affected the relationships. The end result after a year or so of this was that we were sent(after 7 years of tenancy) a letter of 30 day notice to quit (our rent being fully paid up, and still having and 8 months left on our lease). The "violation" of the lease was totally frivolous and I was offered a free defense by the Michigan Legal Defense League.

I don't know what your income status is, but if you are at or below the "poverty level", I would suggest you contact them to find out how to proceed.

Before contacting them however, our daughter called us just a few days after we were sent the notice to quit tenancy begging us to move back from Texas to Michigan with our 3 (10, 12, 14 year old) grand daughters! Bingo! New problem! Don't need small apartment anyway. Of course property manager doesn't know this, but he knows he is in for one heck of a legal battle. The phone call from my daughter is on a Sunday. I go Monday morning to the leasing company and approach the property manager and say, "um, Bud (fictitious name), do you still want us to move?" He says, "Yes". I say, "Well, you know this is going to put a heck of a strain on both my wife and myself who are in poor health, you know this is frivolous, and will also cause us a financial burden. Would you like to avoid the legal battle?" "How?" he asks. "Well, refund asap our deposit, and all of our June rent, and we will be out on July 4th as you have requested, without a court battle or eviction proceedings." To shorten this part, we received 2 checks on June 20th of this year, one for $495.00 for the deposit tenured in 2000 and one for $535.00 for rent tenured on June 1 of this year. He released us from the lease and promised to give us a good reference, in writing.

I would suggest you send a certified letter to your property manager explaining the unbearable circumstances and that you demand release from your lease, contact legal services in your community to see if they can assist you, and even consider filing suit against the leasing company if necessary to get out of your lease, including a refund of a month or two of back rent for pain and suffering. You are dealing with some very nutty neighbors, and I do not see any benefit in any kind of a slander suit. A cease and desist letter will accomplish nothing more than aggravating the situation more. I would not worry about any damage to your "reputation". These neighbors didn't know you before you moved in, so what "reputation" did they damage in the first place?" Going back over your post, it looks like you live in a small apartment, like a house apartment and not a complex, right? So it looks like a failure, a serious failure of disclosure on the part of the landlords. This doesn't sound like a leasing company at all now. For your sanity, refund of security deposit or not, you need to be willing to cut your losses and get the heck out of Dodge. We were lucky. We got out of Dodge with some damages to boot. If the "neighbor" is your only hope of a "job", then I can only guess that your "career" isn't nearly as influential as you think it is. If it is, then surely you can use that influence to a lot more advantage than you have. Maybe you ought to print these posts out and show the company you are trying to go to work for what is REALLY going on, and that you think you are being denied a job because of gossip and defamation of character. This is a chance to go to bat for yourself. In any case do everything you can to STAND UP for YOUR RIGHTS! I hope this helps.

Sincerely,

Kennlock

Posted by: helpneeded
kennlock---i am the author of that last post (regarding the apartment). I would appreciate any help you can offer me!
Posted by: kennlock
Regarding your problem. May I first suggest you join with a user name. No one will bite you. Then I can share my experience and how I got out of my lease and got a refund of a months rent back (stayed for the month for free) and my deposit, before I moved out. You have rights too.

PS, I tire of people coming on here as anonymous, I am the only one that comments it seems, and they never come back, so if you want help from ME, you will have to register with a username. I am only a member myself, not a moderator. But I have been there done that.

Posted by: anon2974
My husband and I recently moved in to a first floor coop apartment. Our mistake, apparently! We were under the impression the quality of people who live here was much higher than it actually is. Upon moving in, we met our neighbors from upstairs---and although the husband seemed nice, there was something very off about his wife. Over the next week, we couldn't sleep, couldn't relax, couldn't do anything in our own apartment---the woman was seemingly doing everything in her powers to make noise, and later admitted it as well. We asked the husband in a friendly manner one evening (while he was sitting outside alone) if he thinks there's anything he could do, and he said he'd try to keep it down. No more than 5 minutes later, the wife came downstairs with a vengeance and started yelling at us about our request, throwing her own problems in our face. To no surprise, she told us (for whatever reason) that social services had just been there that day. Anyways, we smoothed things over and soothed her a little, and eventually she left saying she'd try to be quieter and tell her son, too. She went upstairs and stomped her feet all night. Another month went by and we had put up with a LOT of noise at all hours of the day and night. One day the kid was jumping off their couch onto the floor with his friend, and things in our apartment literally shook. It felt like someone was jumping on our heads, so we knocked on their door and politely asked if she could please ask her son to stop jumping so much. She proceeded to scream at us and tell us how rude we're being by asking, etc. etc. She said some horrible things to us (reasons why we don't have children, etc.) and told us to be quiet, go back into our apartment, and shut the door. We left for a few hours and upon arriving home, she greeted us at our door and yelled. She yelled so loud at us that people stopped and stared at us. As if that wasn't embarrassing enough, she continued, only getting angrier and more horrible than before. We told her we're tolerating a lot more than him jumping off the furniture, she told us she's tolerating us telling her how to live. We went inside to cool off and calm down a bit. Over the next several days, we heard her telling neighbors about the situation, but of course it's her version with embellishments. That's not our style, and people here don't know us yet since we've really just moved in. Unfortunately for us, she's ruining our reputation. One neighbor she spoke with is the only neighbor I've met, who was setting me up with a job, which is now "on hold". I'm more than sure that what she's telling the neighbors is impacting our careers since we're in influential careers. I know it's a long-winded description of what's happened, but I'm hoping there's help somewhere. We're looking for a new place to live as of next week and are aiming to get our security deposit back from our landlord, who lived here prior to us moving in. What can we do legally in this situation? I have everything documented in my own notes, but nothing with security from our neighborhood (we didn't want to go that route and be too aggressive since we figured it would have negative repercussions since we're still living here). Any ideas??
Posted by: anon2970
When a person files a restraining order against you, is the restraining order (whether approved or dismissed) grounds for suit of defamation of character?
Posted by: anon2543
I would like to know if a previous client can file suit against a law firm who three years ago handled the case and now today I am finding out that the medical part which was supposed to be paid the Hospital from the Insurance Carrier has never been paid and I have been turned in to a collection agency and I have written statement from the attorney's office that all medical would be paid. This is false against my name which goes into the Credit Bureau.
Posted by: anon2353
my husband has a "girlfriend" that he says is just platonic yet he takes her out to dinner and goes over to her house for drinks and "small talk"..I admit that we don't have much in common anymore and I enjoy spending time with my best friend, shopping or watching a vcr movie, etc., than being around him...(he drinks a lot) he says that he doesn't know "what" kind of relationship I have with my best friend...he is insinuating that we have a lesbian relationship so he is justified in having a woman as his "friend"... I am so outraged by this accusation of his and his rationalization.. I am definitely not a lesbian and neither is my best friend. My question is if he continues to slander me (when we get a divorce) can I sue him for trying to ruin my reputation in a court as "slander"?
Posted by: kennlock
unclerick:

I am probably the first person to answer someone else here on this portion of wisegeek's forum. I am a victim of slander and gossip. Read up above. As a result, we were served with a 30 notice to quit, which we could win, if we chose to fight in court. The notice is due to expire July the 4th. The property manager of the complex we live in knows the "violation" is frivolous. We have lived here 7 years. For reasons I can not yet disclose, we have chosen not to fight, but rather negotiate. As a result, the p.m. of this complex, and the realty firm is a large firm, has agreed to a fair cash settlement to get us to move without a court battle. In a couple of days, with cash in hand, I will disclose more, and might offer more suggestions for you. In the meanwhile, I will probably pursue a slander suit against the party mentioned above, the small city and its police department, et al. I suggest you purchase the $20 online book before going any further, and see if there are any other books available that might help. I purchased the book and found it quite helpful. I thank God I found this site, and am glad I can offer you some help.

Posted by: unclerick
Awhile back, I was out in the garden behind our apartment building, pulling weeds. One of my neighbors had neglected to care for a number of tomato plants. Being the good guy that I try to be, the weeds were pulled and the plants were trimmed. I helped myself to a couple of green tomatoes, no bigger than a tennis ball. The next day, I went back out to finish weeding. As I went back to the building, the person who put in those plants had something to say about my efforts. Instead of a simple thank you, she had the nerve to call me a thief. Not only that but she spoke this in front of a number of tenants of the building. Not one person had the nerve to speak out concerning this. From that day forth, hardly any one of the fifty tenants have anything nice to say to me. I've lived here for fourteen years. I'm the anchor tenant and also was caretaker for the first year. Because of one person branding me a thief, life hasn't been the same. I can't begin to tell you the many insults and the gossip about me. I'm unable to move because of my financial problem and seeking damages for this has been very difficult. Is there anyone out there, reading this, who can offer some valuable advice about remedying this problem? After all, I pay hard earned money to live in this apartment building. I haven't harmed anyone by careless words or actions. Feel free to respond to this post or write me via email. Thanks much for your concern.
Posted by: kennlock
PSS,

The couple that learned their lesson was the one I had the "heated discussion" with, the one that I "secretly" recorded. Fortunately, (I did read about recordings) I haven't let that info out. And he and his wife both apologized to the RN and myself. They have been very friendly ever since. Boy that has helped a lot. Their is victory out there folks. Just stand your ground and don't give up!

Kennlock

Posted by: kennlock
PS, I did buy your $20 online book and it has some helpful ideas and I will be implementing them in a letter to this snotty gossip. As an aside, the gossip went to the wrong couple, and they got carried away, much to their chagrin, and realized their mistake and apologized to us and another party that was offended as well. One small victory won. May 31, 2007....

Kennlock

Posted by: fourbyfour
My former immediate supervisor fired me for the "not being a good fit" for the position. When I applied for unemployment the UI representative said that the reason that my former employer's HR department gave to them was that I broke safety policies. It's like night and day. How can I get them to retract this statement so that my name is cleared of this false accusation? I am afraid that this mixup in reasons may affect my chances at future places of employment. Any suggestions?
Posted by: kennlock
Help! We are having a terrible time in the very small once peaceful apartment complex in small town Michigan where we have lived for seven years. About 2 years ago, a 66 year old female moved in. I tried to befriend her, and all was well, until I broke her "rules".... anyway to make a long innocent story short, she has been spreading malicious rumors about me, and I cannot get a handle on them. It has caused problems with other neighbors, not all. (She is even claiming she has a restraining order against me, which is untrue!) I was hired by one RN neighbor to do cleaning (I am married, 62, on disability, and need the money) and her 3 neighbors are protesting. It is the RN's business whom she hires. I secretly just finished digitally recording a heated discussion between myself and one of the neighbors I thought would be more understanding. I got him to admit there are rumors, but nothing specific. I want to take this woman to court, and the others as witnesses and/or parties to the suit. She has money that can be discovered. I want to be vindicated. It could also end up being a suit against the realty company if they get involved somehow. Our lease is good through Feb of 2008. Neither one of us are in the best of health. Please offer ideas asap.
Posted by: Retired05
I have a male employee who has been working for me for over 2 weeks now. He went through a complete drug and physical exam about 1 month ago.

Today while driving the dump trailer hauling material for a cement company, he went into the office where the scale person who was busy talking to the secretary turned and asked him if he was okay. The driver answered yes I am okay. He was asked again and he again stated that he was fine and that nothng was wrong. He was told by this scale operator to park his truck since he was not going to drive anymore as he was under the suspicion of being under the influence of something. He was not allowed to drive and I had to take him to get a urine and drug test.

This man does not drink or smoke. He gets nervous around people sometimes. I asked if the scale operator was trained in detecting persons under the influence and the answer was no. I asked who was going to pay the driver and my company for having my truck parked for the next 4-5 days until the blood and urine tests came in to clear or point him out as being under. I was told that I was not going to get paid and that they were not responsible. They were concerened about this driver having an accident.

Like I said, he does not drink, smoke and much less do drugs. He is a clean driver.

My question is as follows:

What action or act can I take against this type of harrasment just beacuse a scale operator said so. Who is paying the driver for those days and how is he going to feed his family by being accused unjustly.

I know that if I take action, I will loose my truck company from any further work, retaliation. What action or act do I take to correct such wrong doing?

Posted by: anon950
If you were accussed of being called a theif, and it wasn't true. And that person went around the office saying indirect things about you such as people should know not to touch things that are not theirs, the next thing that goes missing from my desk im going to punch you in the face.. Would that be considered.Is that not defamation of character.
Posted by: will
I dated a coworker for several months until I decided to break up with her. After I broke up with her she started to maliciously spread rumours about me at the workplace stating that I had physically abused her and that I had also attempted to murder her. I had no evidence to accuse her of slander other than the gossip of fellow coworkers. Eventually she submitted a two weeks notice stating that she was leaving because she had a restraining order against me. She put her signature on this document. I know for a fact there is no restraining order nor any type of police report or physical evidence of abuse. I haven't been fired from my job, but the embarrassment I have suffered is undeniable. Is there any type of legal action I can pursue considering my employer can provide a falsified statement with her signature on it?
Posted by: anon790
I have been unfairly dismissed by a well known person who has been in the media since January. I have answered a letter in a particular newspaper where the correspondent has invited former employees to comment on his character. I concurred with all the negative adjectives used in that letter and displayed the truth about why I was fired. The well known person has implied that he will sue the newspaper if my letter is printed. Why would he sue the newspaper and not me? Your thoughts are welcomed.
Posted by: anon601
I had applied for a position with a security guard business. The owner of my daycare went to the hiring manager of that business(which is in the same building) and told her that I had an active EPO against me after I complained to them that a teacher, who watches my child in the daycare, wasn't doing a good job taking care of my daughter.( This teacher had previously been removed from that classroom for similar complaints, but returned to the classroom without my knowledge.) My girlfriend and I had filed EPO's against each other and it was mutually dismissed a year ago. Also, at that time, I was told that I could never come to the daycare to see or pick up my daughter due to the filing of the EPO and it didn't matter whether it was dismissed or not. I later found out that that was not ever a policy. I have been deprived the visitation of my child for a year and possible a job. Is this grounds for a lawsuit? I feel that this was done maliciously and I am not one to file a frivolous lawsuit. Any insight on this would be greatly appreciated.
Posted by: jaredl
I am a former radio announcer. recently my name came up on a radio oriented website with libelous, slanderous comments. The comments implied I was fired from my last job on the basis that I allegedly had a child with a 16 year old girl, and I was called a statutory rapist. I have contacted the site to remove the information but have recieved no reply. I have also requested information on the origin of the posting and have the same response. What can I do to find out the who the poster is (I suspect a former co-worker) and would this be considered a a reason to file a suit against my former employer if my suspicions are correct?
Posted by: anon524
Would you have grounds for a suit if an employer gave wrong information about the employment of a person to a new job seeking employment information. For example... you did not get along with your boss, so you decided to submit your resignation willingly. YOu go to get a new job and the new employer calls your old job seeking employment information and this boss says horrible things to the new employer that are 100% false, and you do not gain employment because of this wrong information?
Posted by: anon306
my supervisor has a pesonal problem with me out of everybody on my shift she has her favorites also. but shes always watching my every move which makes me feel very uncomftable working. while im at work im depressed because because i feel the tension in the room shes racist, and she acts like i dont know my work or is a poor worker. and she keeps lying on me for no reason.
Posted by: john230
my supervisor as well as many coworkers are saying that i am sleeping with somebody at work. i am married and that could affect my marriage and my job since my supervisor is saying that. is this defamation of character?
Posted by: conchobhair
I think if your coworkers can provide evidence that their own work was diminished--e.g., your boss paid them less, they made fewer tips, or fewer of their articles were picked up--by what you published, even if it was true, they could sue you. I think they have to provide actual numbers in such a claim, though. That might be a significant barrier to filing such a claim. I'd be curious to know more about historical defamation of character cases.
Posted by: Dayton
I'm amazed. I always assumed that you could only get in trouble for saying things that weren't true. This means that if I publshed factual narratives about coworkers, they could potentially sue me? Anyone have any experience with this?

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