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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 32721
Experience:  JD, BBA Over 25 years legal and business experience.
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I am currently under investigation at a state correctional

Resolved Question:

I am currently under investigation at a state correctional institution where I am employed. I believe that 2 people that were my roommates while deployed alleged that I was having correspondence with an inmate at the facility that I work at. My one roommate is a Captain at the same institution that I am at. The other roommate was the mail clerk for the squadron that we were attached to. I am in jeopardy of loosing my job because of these malicious allegations. The investigating officer at the jail produced copies of letters and a photograph and claims that I received them from an inmate. Which I never did receive any letters or photographs. This is against policy. I have a hearing on Friday to determine if I still have a job. I guess the question that I need answered is how do I prove that they set me up and can I sue them for slander and mail tampering?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What evidence have the individuals produced which they suggest proves you received letters and photos from an inmate?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

They showed me copies of letters and a photograph and a copy of a letter addressed to me...but I never received them.


 

Expert:  Tina replied 1 year ago.

I see. If the individuals are making false statements about you, either written or verbal, which they should know are false and which causes injury to your reputation, you can pursue a claim against them for defamation typically.

Mail tampering may involve a federal crime, so you could report that to the local FBI offices, but to recover compensation for damages you have suffered, a civil suit for defamation would normally be appropriate.

It would be best to retain a local employment law attorney who can appear at the hearing on your behalf on Friday since they could make your best case for reinstatement or avoiding termination typically. After consulting with you, the attorney may also decide to communicate a demand to the individuals who are making the false statements about you in an effort to get them to retract their statements and apologize in order to avoid litigation if possible.

Here is a link which sets out the elements to prove defamation for your reference:

http://www.law.cornell.edu/wex/defamation

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 32721
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I cannot afford an attorney at the present time. How do I defend myself against this malicious lie?

Expert:  Tina replied 1 year ago.
Hello again,

Without an attorney, it may be difficult I'm afraid. You would typically need to review the allegations that they have made which are false and then produce evidence to refute their allegations, such as witness testimony, your testimony, and documentary evidence.

Without the threat of litigation against these individuals though, it is unlikely they will retract their statement, so if there is any way to retain a local attorney, it would typically be well worth the money.
Customer: replied 1 year ago.


Thank you for your time and the information. I appreciate it. Have a good day!

Expert:  Tina replied 1 year ago.
You are very welcome and I hope things turn around for you soon.

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Tina
Tina
Attorney and Counselor at Law, Mediator
8681 Satisfied Customers
JD, BBA Over 25 years legal and business experience.