California Employment Law
California Employment Law Questions Answered by Legal Experts
1. This woman threatened to get me fired by speaking to the county superintendent of instruction (my boss).
2. The women (let's call her Carolyn) accused me and my friend (James) of being sexual with each other at the gym in front of a child and others.
From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. 1. Slander typically involves an oral (spoken) representation. 2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.
In order to win a defamation case, you must prove the following:
While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.
The law generally recognizes four types of Defamation Per Se:
1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.
2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.
3. The third category deals with allegations of sexual deviance or the lack of being a virgin.
4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.
In the non-business setting, where is it not your business which has been defamed, most cases involving defamation can be appropriately handled in your local small claims court. Filing your lawsuit is easy, and your case will typically be heard in 30 to 60 days. You and James would be witnesses in your claim, and presuming that the incidents never occurred, I would presume that she would not be able to defend herself.
There is no way to stop her from exercising her free speech rights---so an injunction would not be granted. However, when you win the Defamation lawsuit, that will go a long way in showing the school district that you did not do what she accused you of.
You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013,Doug
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