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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19085
Experience:  Employment/Labor Law Litigation
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I am trying to find out if I have a good case and defamation

Customer Question

I am trying to find out if I have a good case for slander and defamation of character. I recently started working for the Federal Bureau of Prisons and under my references I had a friend whom I had recently had a falling out with. When my background investigator called him he took it upon himself to lie about my past and fabricate things in the hopes of getting me fired and me subsequently losing my home that I purchased. It was brought to my attention after two mutual friends had called me and told me that he was bragging to them about what he had told my back ground investigator and that he hoped I would lose my job over it. My first year of employment with the BOP is a probationary year and I have spent the past six months stressing over this issue.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You have the framework of a defamation claim. You have an individual that made false statements of fact to a third party. However, to have a complete claim (or rather, one worth bringing) you need damages. Your facts don't indicate, at least at this point, any damages resulting from the defamation.

If you ultimately lose this position, then certainly you'd have damages, but to bring a claim now before damages have been established might result in a completion of the case before it actually has any value.

I certainly understand stressing over this matter, but until you can establish damages to financially justify the expense of a suit, it is not worth bringing at this point and really wouldn't give you any peace over the next few months either.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.