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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45981
Experience:  Attorney with 29 years of experience.
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I have a co-worker (Marie) who also has a brother at work.

Customer Question

I have a co-worker (Marie) who also has a brother at work. My husband and I are closer to the brother than the lady co-worker because we live close by and we help out each other financially, doing household problems like plumbing/flood, etc. Anyway, I learned that Marie went thru the work computer of her brother three days ago and found out that he's sending instant messages to apparently another lady at our workplace. She confronted one lady, who denied her accusations. Now, I can feel she's also having her suspicions on me. Although she hasn't got the nerve to confront me yet, but what really bothers me is that she is already telling everyone that I am the one sending romantic instant messages to her brother. I know she's basing her suspicions mainly on the friendship her brother and I have. Moreover, Marie had been making comments for everyone at the office to hear (which I know are directed at me) about a secret affair, mistress, no shame/conscience, hypocrite, etc. She is making all these derogatory comments literally every 15 mins when our bosses are not around. In fact, our other co-workers are already complaining to each other that she is already making every uncomfortable and that she is being unprofessional. And it really does. Although she's not outwardly saying my name, but I know she's dragging my name in her office gossips. What legal steps can I make as of this early just in case I'll bring this lady in court? What kind of complaint will this be? Harrassment? Defamation? Please help me.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. It
is likely you have a cause of action for defamation. Let me explain what
defamation is and then you can make the determination whether or not it is
something you wish to pursue. I

am going to provide you information on both slander and libel since they are so

closely related and so often confused with each other. They are civil injuries

that harm reputation, cause a reduction in respect, regard or confidence, or

cause disparaging, hostile or disagreeable opinions or feelings against an

individual or entity. The laws regarding libel and slander are the same. To

prevail in a defamation suit for libel or slander and recover damages, a person

("Person A") must prove 4 things: (i) another person ("Person
B") conveyed a

defamatory message they knew or should have known to be false; (ii) the

material was published (i.e., conveyed to someone other than Person A); (iii)

Person A can be identified as the person referred to in the defamatory
material; and (iv) Person A suffered an injury to Person A's reputation as a
result of the communication. Typically,
before actually filing the suit, you would send them a letter detailing the
situation and demanding that they: i) retract all prior defamatory statements
made, and ii) cease and desist from making any in the future. The
letter usually resolves the issue because people hate to get sued. If you need
a template for a letter, let me know and I will be happy to provide one to you.



Thank you so
much for allowing me to help you with your questions. I've done my best to provide information which
will be helpful to you.
If I have not
fully addressed your questions or if you have any follow up questions, or if I
have misinterpreted your questions in any way,
please do not rate me yet, but simply ask a follow up question without rating so
I can provide you with a fully satisfactory answer
. If I have fully answered your
question(s) to your satisfaction, I would appreciate you rating my service
with 3, 4, or 5
faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to
provide me a positive rating!



Customer: replied 1 year ago.

I would be more than happy if you can send me a template of the letter. Sir, no one in the office wants to be dragged into this that is why nobody had the nerve yet to tell that Marie actually said my name. But based on Marie's actions, I know she's directing all insults at me. When is the best time to give her that letter? Do I need to send it through registered mail?

Expert:  Richard replied 1 year ago.

I've provided it below. I would send it now....and, yes, send it by registered mail.













Date



_________________



_________________



_________________





Re: Notice to Cease
and Desist Defamation



Dear _______________:



The
purpose of this letter to is to put you on notice of potential legal action
against you for the unwarranted and defamatory attacks and lies made by you in an attempt to ruin and damage my reputation. Your baseless and unwarranted actions and
accusations have damaged my business reputation and caused serious and
irreparable injury to both my reputation and my business. I will not stand by and allow this misconduct
to continue.



I
hereby demand that you immediately: i)
retract any and all defamatory and disparaging remarks about me made by you;
and ii) cease and desist in publishing or stating any defamatory statements
about me.



I
am not in any way attempting to restrict legitimate free speech, but your
activities unlawfully encroach upon both my business and my reputation. This letter puts you on formal notice that
should you refuse to comply with my demands immediately, I will have no choice
but to pursue all legal causes of action, including the filing of a lawsuit, to
protect my interests. I will pursue
both actual and punitive damages plus attorneys' fees and costs incurred as a
result of your actions.



This
is a very serious matter that requires your immediate attention. I have no sense of humor about your
actions. This letter is the only one you
will receive and the only chance you have to resolve this matter amicably.



Sincerely,





[Your
Name]







Richard, Attorney
Category: Legal
Satisfied Customers: 45981
Experience: Attorney with 29 years of experience.
Richard and 3 other Legal Specialists are ready to help you
Expert:  Richard replied 1 year ago.


Thank you so much for the positive rating! I appreciate having had the opportunity to serve
you! If I can be of assistance to you in
the future, just look me up and I will be happy to help!

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