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Jane T (LLC)
Jane T (LLC), Lawyer (JD)
Category: Legal
Satisfied Customers: 8435
Experience:  Experienced attorney; contracts, internet, business, finance, employment, RE, consumer, & more.
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What are grounds for suing for slander?

Resolved Question:

What are grounds for suing for slander?

Must one show the court a direct impact of harm or is it sufficient to demonstrate malice and/or lies?

If one is getting feedback from friendly sources that a former employer is spreading lies about performance and character, is this sufficient grounds to get a 'cease and desist' in place or must one sue?

How can one effectively fight slander from someone who is maligning another -- but luckily -- is risk-averse to legal action?

Submitted: 7 years ago.
Category: Legal
Expert:  Jane T (LLC) replied 7 years ago.

To whom is this former employer making slanderous statements?

Do the statements all relate to your performance and character at work or in general?

If you have not already provided this information, what state are you in?

Customer: replied 7 years ago.
The former employer is the owner of a real estate firm where my husband was a TOP producer. She is angry that he left to go to a high-end agency and is now impugning his character and work with other realtors so the 'damage' is in his industry. Mercifully I doubt anybody believes her because his reputation is impeccable but she is lying about him, hence my consternation. This is in Massachusetts.
Expert:  Jane T (LLC) replied 7 years ago.

A case of slander (slander is when someone verbally states lies about another in such a way as to damage their reputation or character). When suing for slander, a case can be filed where the statement was made and communicated to a third party, is damaging, and is false. You will need to prove damages or economic harm occurred to recover for the statements.

A case of "slander per se," however, can be made when a slander affects a person's business or business reputation or is made about a person's sexuality, criminal conduct, or having some horrible disease. In a slander per se case a plaintiff need not prove special damages, just making the statements alone is considered damaging enough.

The following website provides information on filing a slander case: http://www.rrlaw.com/CM/Custom/Personal-Injury-FAQ.asp?ss=faq-wrap-single-questions.xsl

A cease and desist letter is possible, however, because sending such letter without legal counsel's review of the facts and the letter may harm any future action you decide to take, you should consult with an attorney prior to sending such a letter and to make sure the statements in your letter are appropriate and do not harm you.

Jane T (LLC), Lawyer (JD)
Category: Legal
Satisfied Customers: 8435
Experience: Experienced attorney; contracts, internet, business, finance, employment, RE, consumer, & more.
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