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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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Im a male and own an advertising firm and one of my clients

Customer Question

Im a male and own an advertising firm and one of my clients is spreading rumors that I'm having sex with a male employee to other clients what can I do
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.
That depends on two things. 1. Whether or not it is true....true statements can not be the basis for a defamation of character claim and are not illegal. 2. If not true, then the issue is whether or not you can show financial loss. If you can't show financial loss, then your options are limited. You can file a small claims case for defamation of character, hoping that the suit will bring the person to their senses and close their mouths.
Customer: replied 2 years ago.
I deal with a great deal of children and this women is speaking to the mother of children that I work with on a daily basis.
what is the best thing to do at this point?
Expert:  Allen M., Esq. replied 2 years ago.
Unfortunately, that doesn't really change anything about the answer that I gave. If the statement is true, there is nothing you can do. If the statement is false, the best thing to do is file a complaint of defamation of character with the small claims court in the hope that it will stop her from spreading the rumor. Given your work though, it would be easier to show damages if you wanted to go to state court instead of small claims. Then you should contact a local attorney to file a complaint in state court, by first sending her a "cease and desist" letter to establish your claim.
Customer: replied 2 years ago.
absolutely not. I'm not having sex with my employee.
Expert:  Allen M., Esq. replied 2 years ago.
Understood. I couldn't assume that to be the answer, because then my analysis would not have been complete. Your course is clear. Contact a local attorney to send her a "cease and desist" letter. That typically has the result is stopping a rumor like this, when someone sees the threat of a suit.
Customer: replied 2 years ago.
what if the rumor is being generated from one of my competitors.
Expert:  Allen M., Esq. replied 2 years ago.
That is something to explore with the local attorney as an additional claim under unfair business practices. Defamation of character would be the underlying factual basis, but then the motivation would be damaging your business...and that is a tortuous interference claim.