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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4829
Experience:  Experienced in both state and federal court.
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My wife has turned in a notice at her current job as a Construction

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My wife has turned in a notice at her current job as a Construction Supervisor for a national non-profit org. She has had to deal with questioning of her integrity when it comes to being at work for the last six months. The construction sites are away from "the office." After a conversation with her boss today where she had to explain herself once again, it seems that her boss is trying to prepare a slanderous tale for a future board meeting. My wife sent her notice to the board of directors because she worked directly with 4 or 5 of them and felt they should hear about her resignation personally and not second hand. This action seemed to infuriate her boss, and she was told that it was inappropriate. Is there a way to prevent negative ideas (lies) being presented at a private board meeting about my wife by her boss?

TexLawyer :

Good evening. I'll be assisting you with your question.

Customer: Okay
TexLawyer : Legally, there is very little one can do before a particular lie is told.
TexLawyer : In order to bring suit, a case must be "ripe," that is, there must be a basis for a lawsuit. A judge does not have the power to address something that has not happened.
TexLawyer : However, if her boss does tell a lie about her to the board, it could be the basis of a slander lawsuit.
TexLawyer : The key to a slander lawsuit is that the statement is question is: a) false (not opinion or conjecture); and b) harmful to the person about whom the statement was made.
Customer: Okay, the private board meeting may never reveal anything until a future employer cantacts her ex-boss. And any damage done in the board meeting that may never be revealed wont be dealt with.
TexLawyer :

That is one of the difficulties in bringing a slander lawsuit in this situation. Clearly, to bring suit, she has to be aware of the statement made against her. But, legally, there simply is not a mechanisim to restrain what can be said ahead of time. Even if there were, you would be in the same situation of having difficulty knowing what was said during a private meeting.

TexLawyer :

I'm not saying the law is fair or places a light burden on your wife in this situation, but legally speaking, there is no way to get a judge to order someone not to say a particular thing at a board meeting.

TexLawyer :

The best thing you can do at this point is to formulate a plan to find out what's said during the meeting, because bringing a lawsuit at this stage would not be worthwhile.

Customer: Thank you. That's what we'll try to do.
TexLawyer :

Glad to help. I wish I had the answer you were hoping for, but the law is what it is.

TexLawyer :

If there isn't anything else I can do for you, please remember to "rate" my answer before you go. Have a great evening and good luck to you and your wife.

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