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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32902
Experience:  Began practicing law in 1992
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SLANDER? I live in a condo/townhouse community and am on

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SLANDER?

I live in a condo/townhouse community and am on the Board of Directors. I am also sole proprietor of a one-man handyman business and have done quite a bit of work for the HOA. I am licensed, bonded and insured in the state of Arizona.

At a recent Board meeting (at which I was absent) another Board member said I was in violation of state and federal workman’s comp laws since I didn’t pay workman’s comp insurance on my employees. The President of the HOA stated that I didn’t have any employees, hence there was no need to pay workman’s comp.

At a subsequent Board meeting (which I did attend), this same Board member repeated his allegation that I was in violation of state and federal workman’s comp laws. The President and I again advised him that I have no employees (though I occasionally employ subcontractors) and therefore need not pay workman’s comp insurance.

Here’s my question:

Do I have a case for slander against this other Board member for twice saying that I was in violation of state and federal laws when he clearly was advised by the HOA President that the subject was irrelevant?

Thank you.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Technically, yes you have a case for slander.

JD 1992 :

Slander is, basically, telling an untruth as truth.

JD 1992 :

However, the issue here is one of damages.

Customer:

Thank you. Now the $64 question -- how strong a case do I have?

JD 1992 :

I think you have them on liability. Clearly you weren't in violation of state law so liability is clear.

JD 1992 :

However, your facts don't give any indication that you were damaged in any way and you can't recover attorney's fees on a slander case so you could easily spend more than you would ever recover.

JD 1992 :

You could sue in small claims court but, again, you have to prove you were somehow damaged.

Customer:

Well, actually I was damaged. The outside property managment company stopped using my services.

JD 1992 :

Can you prove it was because of the statement he made?

Customer:

That statement together with other alleged wrong doings -- like my license is for "residential" work only. News to me -- turns out that a condo community is technically "commercial" if it has over 4 units (which we do). So, there was a technical error in my license. (The Registrar of Contractors won't even slap you hand for something like that.) Etc, etc.

Customer:

This Board member was out to do a hatchet job.

JD 1992 :

If you can prove that his statements were what caused you to lose the work then you have a great case.

Customer:

Good enough for me.

Customer:

Thank you.

JD 1992 :

Any idea why he was running off at the mouth like that?

Customer:

He and I have had on-going battles. Adults behaving badly.

JD 1992 :

That helps the case as well. It shows that it wasn't unintentional but was done out of malice.

Customer:

Thanks.

JD 1992 :

You're very welcome. Anything else I can assist with?

Customer:

Not a the moment. I do have another somewhat related issue but am not ready to get into it tonight. Still information gathering.

JD 1992 :

Okay. If you want me to answer it when you post the new question just start it with FOR JD 1992 and I'll pick up when I see it. I'm online almost every day for at least a few minutes.

Customer:

OK

JD 1992 :

In the meantime I'll exit to assist others.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) by clicking on a rating or a Smiley Face below so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.

Customer:

OK

Dwayne B. and 5 other Legal Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.