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LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 35389
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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I do not need a dictionary answer what slander is !!! I need

Customer Question

I do not need a dictionary answer what slander is !!! I need to know my rights since this happened at the work place. Again it happened at the workplace!
Submitted: 4 months ago.
Category: Employment Law
Expert:  attyadvisor replied 4 months ago.

Welcome and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  attyadvisor replied 4 months ago.

If I am being slandered at work by first mgt. then employees what can I legally do to defend my rights You can file a defamation action.

I feel bad, however no one wants to work with a customer that provides negative ratings without providing any feed back. Is this a private company or government. Are they discriminating against you because they believe you are gay?

Expert:  LawTalk replied 4 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

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:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. 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.
  4. 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.

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 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.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug