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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89060
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Defamation of character, breach of confidentiality and breach

Resolved Question:

Defamation of character, breach of confidentiality and breach of privacy by former "old" foster agency to another "new" foster agency. We were denied to Foster parent by new agency based upon defaming information from old agency. We spent time and MONEY on training, clearances, children’s furniture, children’s clothing and modifications to our home for children with special needs. We are traumatized by these events and are seeking professional counseling/therapy. NOTE: Since 2008 (11) Eleven children have come and gone via our home while in Foster Care, most with special needs. Statements made seem to be malicious and hateful towards us, upon our leaving one agency over another.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) what kind of defaming information was this exactly, and
2) what are you asking here - if you have a case, for example?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

 


1a) OLD agency made statements to NEW agency that we argued too much with county youth-services workers. This is a false statement.


We merely fought for the children in our care,.. regarding educational, medical, visitation and clothing needs.


 


1b) OLD agency made statements to NEW agency that they (OLD agency) were not going to renew our Foster Parenting Certificate. This is a false statement.


We had a brother and sister in our care right before we intended to switch agencies and were offered other children and additional training.


 


1c) With our OLD agency saying they were NOT going to renew our Foster Parenting Cert., our NEW agency “by their S.O.P.” could not accept us.


This naturally done, after 48 hours of in-house agency training (time), clearances (out-of-pocket money est. $200) and prepping our home (kids furniture, toys, car seats and emergency clothing. $100’s out-of-pocket). ** We also feel our NEW agency did not carry through with the proper Due diligence and give us a better explanation of our denial and any rights to appeal.


 


1d) We are now unsure if any other local Foster Parenting agencies will accept us,… or are we now on some sort of secretive blacklist?


 


**Foster Parenting is NOT a job, but does come with a daily stipend (per diem) for each child and based upon each child’s disabilities (PAT level I, II, III or IV).


These range from $19 to $35+ per child per day.**


 


2) Do we have a case?


I have posed this question on other legal “question asking” websites, to no avail.


May be not as detailed or thorough.

Expert:  Ely replied 1 year ago.
Thank you, friend.

1d) We are now unsure if any other local Foster Parenting agencies will accept us,… or are we now on some sort of secretive blacklist?

No, there is no such "blacklist." So you are not barred from other such agencies.

2) Do we have a case?

The answer is likely yes. You may have a case for defamation. Generally, a defamatory action must allege: (1) the defamatory character of the communication; (2) publication; (3) that the communication refers to the complainant; (4) the third party's understanding of the communication's defamatory character; and (5) injury. Walder v. Lobel, 339 Pa.Super. 203, 213, 488 A.2d 622, 627 (1985); 42 Pa.C.S. § 8343(a).

Now, the "arguing" statement is an opinion and this is questionable as whether or not this is cause for defamation (opinion is protected). However, stating that you are not going to renew your certificate is, since they knew that it was false and it was a misleading and false statement and not an opinion.

Now, "breach of confidentiality" and "breach of privacy" is not something that you can likely sue for here. To sue in state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.

Here, they owed you no "breach of confidentiality" nor does a "breach of confidentiality" exist as a cause of action.

A "breach of privacy" elements do not fall within this matter.

However, you may indeed have a case for DEFAMATION and if you feel it worth your time and effort, may indeed pursue it. Good luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.


Anyone you know in the Pittsburgh, PA area willing to take a case such as this? I have saved every email and we have plenty of documentation.

Expert:  Ely replied 1 year ago.
T,

Not personally. May I recommend the PA Bar referral program of Lancaster County - (717)(NNN) NNN-NNNN/b>. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Questions to ask:
-have you dealt with these kinds of cases before?
-do you anticipate this going to trial or settling out of court?
-what are the strengths of my case?
-what are the weaknesses of my case?
-what is the fee, or, will you take this on contingency?
-can I have this in writing?
-what do you need from me to get started?
-what is the 'game plan?

Best of luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89060
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your generosity.
Customer: replied 1 year ago.

Hi Ely,



One more question. What of " We also feel our NEW agency did not carry through with the proper Due diligence and give us a better explanation of our denial and any rights to appeal." Could they too be liable,... or were they just being cautious?

Expert:  Ely replied 1 year ago.
T,

They were being too cautious, but, this is not actionable. You cannot force a company to do business with you, I am afraid.

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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.