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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Can I be sued 10 yrs later by writing an apology

Customer Question

Can I be sued for defamation 10 yrs later by writing an apology letter to the plaintiff? She presumably lost her management position due to my bad evaluation of her performance and blames me. The hospital has been blocking me from getting any jobs ever since! I believe they've been harassing me and committing cyber attacks against me to force me to apologize so she can get her management job back. They're keeping me in the dark and won't let me know what's really going on. Pls. assign a lawyer to me who has PI and criminal defense experience. Thank You.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, in what state did this alleged situation occur in? I want to check the statutes of limitation so that I can best help evaluate potential legal liability if any. Thank you!
Customer: replied 1 year ago.
It occurred in IL and the statute of limitations for libel in this state is only one year which is why I don't know why they're harassing me about this 10 years later. I think they need me to apologize and say I lied on her evaluation so she can get her manager job back and then they'll finally let me get a job!
Customer: replied 1 year ago.
Hello? Are you still there?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, I am here, I am drafting my response to you. It takes a bit to research so that I can give you a professional answer.
Customer: replied 1 year ago.
I'm at the library now and have to go home. I'll be home by 8:45pm (20 minutes from now). Please call me at my home number instead of the cell number I provided. My home number is(###) ###-#### ***** You.
Customer: replied 1 year ago.
Okay then let's do it online now.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, Illinois does have a 1 year statute, so from a liability perspective, unless you repeat the statements again to a third party, there is no new claim. But, as it is an admission of past deception, it can be grounds for the employer to refuse to hire you or even terminate you 'for cause'. That, I suspect, is the issue. Sincerely, ***** ***** PS. I do apologize but I do not engage in phone calls--I am perfectly happy to write out my response to you.
Customer: replied 1 year ago.
They already tried to fire me from the job I had with them in 2006 so of course they wouldn't ever hire me again which I don't expect them to. Remember, I said I wrote this bad evaluation on her 10 years ago. I resigned and got another job before they could fire me and asked my new employer not to contact them which they honored. The previous hospital is furious with me for doing this, probably because the statute ran out in the mean time. I had the next job for 3 years.
Expert:  Dimitry K., Esq. replied 1 year ago.
Then I am not seeing any legal liability. But again, if you go on record that you lied, it can be disclosed about you (as it won't be defamation of your character) and it may harm you and your ability to obtain employment. Sincerely, ***** *****
Customer: replied 1 year ago.
I admit that I was upset and angry when I wrote her eval and said some things I regret which were my opinions but I didn't knowingly lie about anything. I said I didn't think she should be given a management position at that time since she had poor people skills. She harshly reprimanded me for something I didn't even do and I didn't even know who she was she she never introduced herself to me. She wasn't the one who hired me.
Expert:  Dimitry K., Esq. replied 1 year ago.
Then I am unclear why it is in your best interest to sign anything or admit to anything. Hence, while you might not be sued, the fact is that by agreeing to this claim you are exposing yourself to potential risk for your future employment. Please take care and be well. Sincerely, ***** *****
Customer: replied 1 year ago.
Pls. try to answer quickly since the library closes in 30 minutes!
Customer: replied 1 year ago.
My future employment is already at risk since I'm being blocked from getting even minimum wage jobs. Pls don't go. I'm not satisfied with your answer.
Expert:  Dimitry K., Esq. replied 1 year ago.
I am not going anywhere. What specifically are you seeking further from me at this time?
Expert:  Dimitry K., Esq. replied 1 year ago.
PS. I do apologize but I am not clear on what you are seeking if I clearly responded to your specific question as far as your liability is concerned. With respect I do not know what you want to know if you do not tell me. Thank you.
Customer: replied 1 year ago.
You never answered my question as to whether or not they can sue me 10 years later if I write an apology even if I don't believe I lied. I need to be able to work and maybe if I do this she can get her management position back and they'll stop blocking me from jobs. They've already defamed my character to 60 potential employers telling them I lied but I can't prove it.
Customer: replied 1 year ago.
Why else do you think they're harassing me all these years later? Don't you think they need something from me? Otherwise why waste their time on me?
Expert:  Dimitry K., Esq. replied 1 year ago.
I answered it, perhaps you misunderstood. If a statute of limitations is one year, you cannot be sued 10 years later. Unless you repeat the same comments to third parties, there is no new cause of action. Plus, if you admit to the defamation, their comments to others will no longer be defamatory--they cannot lie about your character if you affirm their position. I do not know why they are harassing you, and I cannot speculate on something I do not know. Anything I tell you will be a guess and an uneducated one at that, and it will not serve you in any capacity. Please take care. Sincerely, ***** *****
Customer: replied 1 year ago.
I told you that they're harassing me for the bad eval I wrote on her that caused her to lose her management job. I'm sorry I did this as your advice isn't very helpful so far.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hello, If they are harassing you, you can tell them to leave you alone, and yes, pursue a restraining order or damages against them if you wish. But you do not have to give in unless you choose to do so. As far as my information not being helpful, I have respectfully ***** ***** and every question posed to you. The only one who knows as to what is going on is you, and not me, and I cannot speculate where there is not enough information. I still do not understand why you are even considering signing this as I just cannot see any benefit to you. But as I am not your attorney, I cannot tell you what to do, I can just help answer your questions to best of my ability based on the information you choose to provide me. Good luck. Sincerely, ***** *****
Customer: replied 1 year ago.
The above number is ***** the right contact number. The right number is(###) ###-####
Expert:  Dimitry K., Esq. replied 1 year ago.
I am sorry but I do not communicate via phone as it may violate my state bar limitations. If you wish to discuss, I can communicate via Skype but please be aware that doing so will not create an attorney client relationship nor will it mean that I can (or will) represent you off-site. Please advise. Otherwise, kindly do not forget to positively rate so that I can obtain credit for my work. Thank you! Sincerely, ***** *****
Customer: replied 1 year ago.
Thanks for being willing to continue our conversation until I'm completely satisfied with your answer. They not only sabotaged my job hunt and harassed me by sending nasty e-mails and barraging me with tons of phone calls without messages, even worse, they hacked my computer and printer and stole or destroyed my personal on-line property 10 years after I wrote the bad eval on my supervisor so they're still very angry with me and apparently need something from me. The reason I'm considering writing an apology letter is so that my supervisor can get her management position back and they'll stop sabotaging, harassing and hacking me and allow me to finally get a job. I would not apologize for lying, just for some of the mean things I said which put her in a bad light. I think this is what they need from me to help her. I would not be sending this letter to a third party, only to the party involved. Are you sure that even a judge couldn't charge me with defamation 10 years later if I go through with this?
Expert:  Dimitry K., Esq. replied 1 year ago.
Ma'am, I honestly do not know how to respond because you have now asked this same question about 6 or 7 different ways, as if perhaps hoping for a different response. My answer would not change. Further, judges don't 'charge', but SHE (the victim) can use this as a basis to disclose this about you and potentially truthfully report about your character. Because I now see the same question being asked over and over, I will elect to step away from this conversation especially since I do not see any additional value in my comments to you. Please take care and be well. Sincerely, ***** *****

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