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I'm trying to decide what to do about someone who is

Customer Question
I'm trying to decide...

I'm trying to decide what to do about someone who is spreading false information and false accusations about me, who is actively trying to have me fired and cause problems in my life

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

Mississippi

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

No

Submitted: 4 months ago.Category: Employment Law
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Customer reply replied 4 months ago
This isn't really about employment law as it is not someone who I work with. This is a former romantic companion who is spreading lies and making false accusations to my company in order to get me fired.
Answered in 3 minutes by:
3/12/2018
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
Verified

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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Customer reply replied 4 months ago
ok
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

This to me sounds like a case of 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 the other party may 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.

Most of the time, truth and opinion are going to be the most viable defenses; however, if the information is false as you mentioned, then it is likely that they would have no defenses.

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Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

You may want to consider just writing a cease and desist letter advising them to stop this activity immediately or risk a lawsuit. There’s a site that I’ve used in the past where you can find a good template cease and desist letter (click here). Lawyers use letters like these often to enforce their client’s rights. It only costs $10 and it is way cheaper than litigation.

How else can I help you today?

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Customer reply replied 4 months ago
Should I be the one to send the letter or should i have a lawyer do it?
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

I would recommend you send it; a lawyer will probably charge you $1,000 to send it which would be just far too expensive. If you download the letter, it'll cost you only $10.

Did you have any other questions for me today?

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