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I am trying to find out if I have a good case and defamation…

Customer Question
I am trying to find...
I am trying to find out if I have a good case for slander and defamation of character. I recently started working for the Federal Bureau of Prisons and under my references I had a friend whom I had recently had a falling out with. When my background investigator called him he took it upon himself to lie about my past and fabricate things in the hopes of getting me fired and me subsequently losing my home that I purchased. It was brought to my attention after two mutual friends had called me and told me that he was bragging to them about what he had told my back ground investigator and that he hoped I would lose my job over it. My first year of employment with the BOP is a probationary year and I have spent the past six months stressing over this issue.
Submitted: 2 years ago.Category: Employment Law
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Answered in 40 minutes by:
1/30/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,626
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You have the framework of a defamation claim. You have an individual that made false statements of fact to a third party. However, to have a complete claim (or rather, one worth bringing) you need damages. Your facts don't indicate, at least at this point, any damages resulting from the defamation.

If you ultimately lose this position, then certainly you'd have damages, but to bring a claim now before damages have been established might result in a completion of the case before it actually has any value.

I certainly understand stressing over this matter, but until you can establish damages to financially justify the expense of a suit, it is not worth bringing at this point and really wouldn't give you any peace over the next few months either.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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