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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53951
Experience:  Attorney with 29 years of experience.
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I WAS FALSELY ACCUSED OF THREATENING A GROCERY STORE CLERK

Customer Question

I WAS FALSELY ACCUSED OF THREATENING A GROCERY STORE CLERK BY THE MANAGER OF THE STORE.I E MAILED THEIR PRIVACY OFFICE WHOAPOLOGISED BUT INFORMED ME THAT THIS PARTICULAR STORE WAS A FRANCHISE OPERATION. THEY INFORMED THE LOCAL COMPANY.I AGAIN RECEIVED
A SINCERE APOLOGY. I THEN RECEIVED A CALL FROM THE SAID MANAGER OFFERING ME A $100 GIFT CERTIFICATE TO SHOP IN THEIR STORE AGAIN. WHAT OTHER RECOURSE DO I HAVE?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

I would not agree to a $100 gift certificate. The manager's actions give you have a cause of action for defamation. Let me first explain what constitutes defamation. Iam going to provide you information on both slander and libel since they are so closely related and so often confused with each other. They are civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity. The laws regarding libel and slander are the same. To prevail in a defamation suit for libel or slander and recover damages, a person ("Person A") must prove 4 things: (i) another person ("Person B") conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than Person A); (iii) Person A can be identified as the person referred to in the defamatory material; and (iv) Person A suffered an injury to Person A's reputation as a result of the communication. Your situation satisfies all the foregoing elements. Typically, before actually filing the suit, you would send them a letter detailing the situation and demanding that they: i) retract all prior defamatory statements made, ii) pay you a specified amount to compensate you for the past defamatory actions...I would demand at least $1,000, and iii) cease and desist from making any in the future. In my experience, the letter is generally sufficient as the offending party will comply with your demands rather than risk the costs of a suit they are sure to lose, the actual and possibly punitive damages that may be imposed by a court, and the judgment being on the record.

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