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I am a social worker and work for the the Bureau of Indian…

Customer Question
I am a social...

I am a social worker and work for the the Bureau of Indian Affairs. I made a referral for protective services to two entities that would be within jurisdiction of the referral, which is my job. The alleged Perpetrator, reported in email to a court that I made false allegations. To me this is slander and libel. I could lose my job over this, is there something I can do to him?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

In New mexico but I work for the federal government

Lawyer's Assistant: Has anything been filed or reported?

I have an email he sent to the Pojoaque Tribal Court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am very concerned about this

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
11/27/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks for your patience. Assuming they try to bring a lawsuit outside of tribal jurisdiction, then you may want to consider what libel and slander are. Libel is written defamation and slander is oral defamation .

Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

If it does, then you would likely have some defenses. Here are the typical defenses in a defamation case:

(1) Legislative Privilege - Meaning the statement was made in a legislative proceeding

(2) Judicial Privilege - any participant in a judicial proceeding the absolute privilege to utter defamatory statements

(3) Executive Privilege - privilege affords an absolute privilege to high ranking executive officers of state and federal governments when acting within the scope of their discretionary duties

(4) Domestic Privilege - affords a spouse the absolute privilege to make defamatory statements about a third person to their spouse.

(5) Truth - if the statements you made were true, then this is a defense as well

(6) Opinion - courts have ruled that the opinion defense is one where if you provide your opinion, then a defamation charge will not stand.

In your case, if you cited truth or opinion in your statements, then it is probable that you can't be sued. In addition, you are usually indemnified (protected) by your employer for making these statements.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 7 months ago
This does not help. I am not satisfied. And to think I paid. If I have to do the work then why ask? This information is not privileged as he copied me on the email and it was exparte of the defendant. Thanks for your help
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear that you're dissatisfied. Unfortunately, it's a common misconception that people believe that this site is a law firm or offers legal representation at all. Regardless,

You can always contact Just Answer’s Customer Care team by clicking here or calling them at 1-***-***-**** to request a refund as well.

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