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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11580
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Is there legal recourse on the matter of Libel, Slander / Defamation

Resolved Question:

Is there legal recourse on the matter of Libel, Slander / Defamation of Character against a major hotel chain? An incident occurred during the course of my work in which I was provided a room by my employer, which resulted in my voluntarily notified this hotel I would no longer being staying at their facility. 4 days later after a chain of communications by phone and email to my host employer, I was informed that I was "banned" from their facility. The next day upon my return to my home terminal I was "issued" a warning letter which is going into my work record. I want this removed and a retraction of all statements that were never verified or was I given the opportunity to address. Can I sue this hotel chain? Dave D. in Denver Colorado
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Dear Customer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

I am so sorry to hear that you were subjected to slanderous statements. Reputation is everything.

 

A Plaintiff has a cause of action for slander (if the statements are verbally communicated), libel (if the statements are communicated in writing) and defamation of character. Plaintiffs will also ask the Judge to grant an Injunction against the Defendant(s) so that they do not continue with the defamatory statements. In order to succeed in a lawsuit for slander, libel, and defamation of character, the Plaintiff must prove the four elements of these causes of action:

 

1. The Statements made by the Defendant must be false and defamatory;

 

2. The Defendant knew that the statements were false, or the Defendant made these statements in reckless disregard for the truth;

 

3. The Defendant(s) "published" these false statements - "Published" means that the Defendant "conveyed" these false and defamatory statements to another person;

 

4. The Plaintiff suffered damages to his, or her name and reputation in the community.

 

Once the Plaintiff proves the above elements and establishes a case against the Defendant, the Judge will allow the Plaintiff to submit evidence of the damages to his or her reputation and the Judge will place a monetary amount on these damages. The Judge will also issue an Injunction against the Defendant to prevent them from continuing to spread these false and defamatory statements. The hotel chain's actions having an adverse effect on your employment certainly proves that their actions caused you to suffer damages.

 

 

I wish you the best of Luck,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 1 year ago.

I appreciate your immediate reply. This issue has ben bugging me for 2 months now. No response or reply indicates to me these people are content with their actions. I am not! Of the 4 elements noted above, #1 I have only been apprised of the conversations between the hotel chain and the managers receiving the calls in the host terminal to which I have categorically denied. #2 I believe there was knowledge by the individual their statements were false and exaggerated because their story was relayed to several other employees that spread the story across 2 states, each version different from the first. #3 I have not been allowed access to or copies of any of the email or statements submitted to my employer. #4 Yes I feel I have suffered damages due to the progress of this issue and face possible future damages.


How do I proceed with this? Am I OK in asking this follow up question?


I will be glad to rate upon your reply to this. Thank you: Dave D.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, David, You are perfectly fine asking a follow up question, and thank you for the opportunity to explain further,

 

 

"How do I proceed ?"

 

 

Answer

 

If a prospective Defendant is being unresponsive, possibly in the hope that the Plaintiff will just walk away and the problem will disappear, then the only option as the Plaintiff is to institute your lawsuit and once that is commenced, you can start "Discovery", meaning that you can serve any of the Defendants with a Notice to take their Deposition, you can serve them with written Interrogatories and you can serve them with a Notice for the Production f Documents wherein you would ask for all correspondence, including electronic mail, correspondence sent by facsimile, regular mail, or by any other means. You can also request all Interoffice Memoranda written with you as the subject, and any other documentation, Notes, Memoranda, or any other reports referencing you or the incident.

 

In this way, you will learn with whom your situation was communicated, what was said, what information was conveyed to third persons, exactly what was said, etc. But, all of this can be done only after a lawsuit has been commenced,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11580
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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