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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am requesting to find information out about if my husband

Customer Question

I am requesting to find information out about if my husband and I have the right to sue for slander? His previous boss keeps spreading lies about him and it is affecting my husbands new business he has opened and his old employer even involved my husbands father, which now my husbands father believes his previous employer. It is getting very out of hand and affecting our personal lives. I hope you can help. Thank you.
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
That depends on what the previous boss is saying.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
DEFAMATION consists of four elements which are falsity; an unprivileged communication; fault on the part of the defendant; and damages.
TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIP which is another cause of action which may fit is made up of the following: 1. The existence of a valid contractual relationship or business expectancy; 2. That defendants had knowledge of that relationship; 3. An intentional interference inducing or causing a breach or termination of the relationship or expectancy; 4. That defendants interfered for an improper purpose or used improper means; and 5. Resultant damages.
So if the previous boss is stating flat out lies, this may be cause for defamation. If the previous boss is specifically interfering and scaring away customers, this may be enough for tortious interference with business relationship, for example.
One or both may be brought if the elements fit.
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