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I have a fellow employee at work that is spreading rumors…

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Second opinion] Hi, I...

Second opinion] Hi, I have a fellow employee at work that is spreading rumors about me to other employees that I am gay. I am not gay and do not appreciate being talked about behind my back. I worked with this employee at a previous job and now am working with him at a new company. He is telling people that the workers at my last job thought that I was gay. I need to know what to do to put an end to this.

Lawyer's Assistant: Have you discussed this with your HR staff? Or with a lawyer?

No

Lawyer's Assistant: Is your employee "at will?" Does the employee belong to a union?

At will

Submitted: 2 months ago.Category: Legal
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Answered in 1 hour by:
5/29/2018
Lawyer: Loren, Attorney replied 2 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,244
Experience: 30 years experience representing clients.
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Lawyer: Loren, Attorney replied 2 months ago

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 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.aspx

It is a huge worldwide database of attorneys searchable by location and specialty.

I am happy to continue if you have further questions.

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Lawyer: Loren, Attorney replied 2 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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