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A coworker is defaming me to the head of my department how…

Customer Question
A coworker is defaming...

A coworker is defaming me to the head of my department how can I have legal representation for that.

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes I did however, HR has not given me any satisfaction so far.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Fulltime with The Salvation Army

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

I just want to know if I can sue someone for libel or defamation of character.

Submitted: 7 months ago.Category: Employment Law
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12/8/2017
Employment Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,800
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
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Employment Lawyer: Loren, Lawyer replied 7 months ago
Did they make a statement of fact knowing it was false and causing damage to you?
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Employment Lawyer: Loren, Lawyer replied 7 months ago
If you have a claim to assert for defamation you would start with a cease and desist letter to anyone making these false accusations.If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:1. a false statement purporting to be fact concerning another person or entity;2. publication or communication of that statement to a third person;3. fault on the part of the person making the statement amounting to intent or at least negligence (the person knew the statements were false or exhibited a knowing and reckless disregard of the truth or falsity of the statements when making them); and,4. some harm caused to the person or entity who is the subject of the statement.
This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in court for this matter. Also, any cease and desist letter will carry more impact on attorney letterhead.If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database of attorneys searchable by location and specialty.If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
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Customer reply replied 7 months ago
I did to the head of my department who encouraged me to make a complaint to Human Resources.
Employment Lawyer: Loren, Lawyer replied 7 months ago
Thank you for the additional information.
You may have a claim to assert for defamation. Actually, you would start with a cease and desist letter to anyone making these false accusations.If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:1. a false statement purporting to be fact concerning another person or entity;2. publication or communication of that statement to a third person;3. fault on the part of the person making the statement amounting to intent or at least negligence (the person knew the statements were false or exhibited a knowing and reckless disregard of the truth or falsity of the statements when making them); and,4. some harm caused to the person or entity who is the subject of the statement.
This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in court for this matter. Also, any cease and desist letter will carry more impact on attorney letterhead.
If you want to send your own cease adn desist letter, here is a link to a template you can modify for your own situation:CEASE AND DESISTIf you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database of attorneys searchable by location and specialty.If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
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Employment Lawyer: Loren, Lawyer replied 7 months ago
Did you have further questions? Have I answered your question satisfactorily? Please let me know.
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Employment Lawyer: Loren, Lawyer replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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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.

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