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LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 34881
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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I am a catechist (teacher) of religious education at

Customer Question

Hello. I am a catechist (teacher) of religious education at a catholic church. The director sent an email accusing me of discouraging new ministries from starting, which is false. Can I request a retraction?
JA: Issues like this can be complex. Because laws vary from state to state, could you tell me what state is this in?
Customer: Florida
JA: Have you consulted a lawyer yet?
Customer: No and this is not the first time she has told lies about me.
JA: Is there anything else the Lawyer should be aware of?
Customer: She is the director of religious education and a friend of the pastor.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Employment Law
Expert:  LawTalk replied 5 months ago.
Good evening Mary,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. What you are describing is defamation. 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:A false statement was made about an individual, generally yourself;The statement was made to a third party;If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.Finally, you must show that you have suffered damages.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. You may sue in small claims court, certainly. You are also certainly within your right to demand a retraction of the defamatory comments and threaten a suit for defamation of the retraction is not forthcoming. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 5 months ago.
Good evening,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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