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Question

Do I have a defanation of character law suit? I was set up for a face-to face interview, set up through an agenct, with a client who suspiciously cancelled. I pressed the agency and was told that a current employee said she worked with me at a previous job and my contract was abruptly terminated because I didn't know my job.

Submitted: 94 days and 16 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION

Answer

Dear bp,

 

It is possible.

 

Defamation consists of the following:

(1) a defamatory statement; (meaning, false statement of fact, not mere opinion - in this case, if you were not terminated from that prior contract on the grounds that you didnt know your job, and if that is what she claimed happened, this could feasibly suffice)
(2) published to third parties; (clearly, a new potential client is a third party) and
(3) which the speaker or publisher knew or should have known was false. (not confirming her information and speaking out in a damaging way, false info, could be considered negligence, the required standard)

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

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Expert: Stephanie O. Joy, Esq.
Pos. Feedback: 100.0 %
Accepts: 
Answered: 8/20/2009

Lawyer

15+ Years of Legal Practice and Consulting Experiencein Employment Law throughout the U.S.

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