I am sorry for your situation. If you have a case, then it is likely very weak here. Allow me to explain why.
You may possibly sue for defamation
, but the issue here is that no third party heard the actual accusation. Under Florida law, the elements of a defamation claim are: the defendant published a false statement; about the plaintiff; to a third party
; and the falsity of the statement caused injury to the plaintiff. Border Collie Rescue v. Ryan, 418 F.Supp.2d 1330, 1348 (M.D.Fla. 2006).
Therefore, the defamation claim is somewhat weak.
You could possibly sue for intentional infliction of emotional distress, but the bar is high. To establish a cause of action for the intentional infliction of emotional distress, four elements must be proven: (a) deliberate or reckless infliction of mental suffering; (b) outrageous conduct; (c) the conduct must have caused the emotional distress; and (d) the distress must be severe. Dominguez v. Equitable Life Assurance Society of the United States, 438 So.2d 58 (Fla. 3rd DCA 1983), approved, 467 So.2d 281 (Fla. 1985)
. Here, it is hard to prove that the actions came to this threshold.
In other words, you may not really have a case, I am afraid. I am sorry.
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