How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

My wife owns a small buisness, our family is being slandered

This answer was rated:

My wife owns a small buisness, our family is being slandered by my daughters disgrunted former boss, she has drug my whole family into it with some very damaging statements, we live in a small toen?

Zachary D. Norris :

Hi\

Zachary D. Norris :

Are you there?

Customer:

Yes sir

Zachary D. Norris :

There are several potential things you can do, but we need to talk more about the facts

Zachary D. Norris :

What is it that the former boss is saying?\

Customer:

I have statements from potential folk's who will back the allegations up, it's getting worse and we don't know where to turn, I don't want to approach her in person!

Zachary D. Norris :

It is good that you have evidence. However, the legal remedies you have are determined by the content of the improper statement.

Zachary D. Norris :

If you would rather not tell me what was said, I can just provide you some general advice.

Zachary D. Norris :

Your choice

Customer:

Things about like we are getting our home foreclosed on, my daughter stoled from her as an employee, telling realatives we are bashing thier kids grandkids ect, just stirring some viscous stuff.

Zachary D. Norris :

OK. Has it caused a calculable loss to you or your wife's business?

Customer:

probably not yet, but it could, she also harrased my family when our grandson was on life support telling my daughter she didn't need to be @ the hospital and she fired her, that's where a lot of this stems from

Zachary D. Norris :

that's terrible.

Zachary D. Norris :

Here are your options:

Zachary D. Norris :

1. Sue for Defamation: Defamation is the publication by oral or written means which tend to cause harm to a person's reputation, character, or business.

Customer:

she is a very evil person, kind of knew that, she has bi polar and takes alot of meds, anyway I think she should be dealt with.

Zachary D. Norris :

The things that this lady is saying can arguably qualify as defamation, especially in regard to your home foreclosure, etc.

Zachary D. Norris :

Now, the first amendment protects hateful speech, so she can be insulting, she just cannot go around telling lies about things that are damaging to your character.

Zachary D. Norris :

So, what state do you live in?

Customer:

Oregon

Zachary D. Norris :

OK. Let me look at Oregon law on the subject for a few minutes. Please stand by.

Customer:

thanks

Customer:

Mr. Norris, can you let me know what the law says and type me out a statement, I have to leave for an appoinment, and along with that a suggestion?

Zachary D. Norris :

I sure can. What I will do is switch us over to a different format that isn't an instant message. It's more like an email.

Zachary D. Norris :

Instructions will pop up on how to get my message.

Zachary D. Norris :

We can continue to communicate that way from here on out.

Zachary D. Norris :

Talk to you soon.

Customer:

thanks sir, you have very helpful, I'll look further when i return later!

TexLaw and 3 other Legal Specialists are ready to help you
Here is what the case law is in Oregon:

To establish a claim for defamation, a plaintiff must show that the defendant made a defamatory statement about the plaintiff to a third person. Wallulis v. Dymowski, 323 Ore. 337, 342-43, 918 P.2d 755 (1996). A defamatory statement is a false statement that would subject the plaintiff "to hatred, contempt or ridicule * * * [or] tend to diminish the esteem, respect, goodwill or confidence in which [the plaintiff] is held or to excite adverse, derogatory or unpleasant feelings or opinions against [the plaintiff]." Farnsworth v. Hyde, 266 Ore. 236, 238, 512 P.2d 1003 (1973) (internal quotation marks [*348] omitted; [***15] ellipses and first bracketed material in original, others added).

If you can establish that the defamatory statements are untrue and that they subject you "to hatred, contempt or ridicule" you can recover damages without having suffered any actual economic loss.

You can file this suit for defamation seeking no more than $7,500.00 in the small claims court nearest where she lives. You can have her served at her place of business.

If you want to take an intermediate step, then you can send her a CEASE and DESIST letter, demanding that she immediately stop all defamatory behavior and respond to you in writing withdrawing her statements and apologizing. If you do not receive the apology letter within 15 days, you will sue her for defamation.

Then you pull the trigger and file the lawsuit. Small claims court is easy, they have forms you fill out that are self explanatory and the cost is somewhere around $100.

Please let me know if you need further information.
ZDN