Character reference

[RPhillips1]

Jurisdiction

Virginia

My wife and I are divorcing. We are both residents of South Carolina. She has relocated to Virginia. She solicited my former employer (who happens to be one of her current clients) in Virginia to provide a character statement for her. He started the statement labeling it as a "affidavit for" with my wife's name and the date. He then proceeded to elaborate with a brief statement on MY job performance, which he praised. This was followed by a statement explaining a situation where my wages had to be garnished to repay a loan with a local credit union. He finished this section with a false statement regarding the condition of my resignation. Finally, he finished the affidavit with a paragraph elaborating on my wife's performance in her duties working for him.

My questions are:
1. Was he allowed to submit statements regarding my performance and/or the garnishment without my permission?
2. Depending on the answer to #1, can I pursue a libel suit against him?

 

[zddoodah]

She solicited my former employer (who happens to be one of her current clients) in Virginia to provide a character statement for her.

In what context? A job reference? In the context of your divorce case? Something else?

Was he allowed to submit statements regarding my performance and/or the garnishment without my permission?

Submit them to whom? Regardless of your answer, I can't think of any circumstances in which your former employer might have needed your permission to make the statements in question.

Depending on the answer to #1, can I pursue a libel suit against him?

Libel is the writing of a false statement of fact that, which is published to at least one person other than the subject of the statement, which is harmful to a person's reputation, and which (in most cases) requires proof of actual damages. Your post is unclear about whether your former employer's statements met any of these criteria (while you mentioned "a false statement regarding the condition of my resignation," it's impossible to assess the matter without knowing the exact statement). Also statements in the context of legal proceedings are generally privileged against defamation/libel claims.

 

[RPhillips1]

In what context? A job reference? In the context of your divorce case? Something else?

Response: The statement was requested by my wife (likely under the guidance of her attorney) to support her character in the divorce proceedings.



Submit them to whom? Regardless of your answer, I can't think of any circumstances in which your former employer might have needed your permission to make the statements in question.

Response: They were submitted to the court in South Carolina during the support and alimony hearing.



Libel is the writing of a false statement of fact that, which is published to at least one person other than the subject of the statement, which is harmful to a person's reputation, and which (in most cases) requires proof of actual damages. Your post is unclear about whether your former employer's statements met any of these criteria (while you mentioned "a false statement regarding the condition of my resignation," it's impossible to assess the matter without knowing the exact statement). Also statements in the context of legal proceedings are generally privileged against defamation/libel claims.

Response: His (William's) false statement was, "Shortly after this situation (the garnishment) was brought to my attention, Richard informed me he was resigning to take another job out of state." This statement, in conjunction with other similar falsehoods in statements from my wife and two other people she solicited, have labeled me as one who consistently "quits" jobs. In this particular case, I had already submitted my 2 week notice to William because I was scheduled to start another job at a local RV Dealer. On my last day working for William (23 August 2013), I received a call from a recruiter regarding a job in Pennsylvania. Instead of starting the job at the RV Dealer on 26 August, I departed for Pennsylvania.

 

[adjusterjack]

His (William's) false statement was, "Shortly after this situation (the garnishment) was brought to my attention, Richard informed me he was resigning to take another job out of state."

There was nothing "false" about that statement if you actually did give your notice at some time after the garnishment was brought to William's attention.

This statement, in conjunction with other similar falsehoods in statements from my wife and two other people she solicited, have labeled me as one who consistently "quits" jobs.

The statement, by itself, certainly doesn't lead to the conclusion that you are one who consistently "quits" job. There is certainly nothing actionable against your former employer.

As to what your wife says about you during a divorce, that goes with the territory. Develop a thicker skin and get on with your life.

 

[zddoodah]

in conjunction with other similar falsehoods in statements from my wife and two other people she solicited, have labeled me as one who consistently "quits" jobs.

That's not defamatory and, as "adjusterjack" indicated, doesn't appear to be false..

Also, you didn't answer my question about context.

 

[RPhillips1]

That's not defamatory and, as "adjusterjack" indicated, doesn't appear to be false..

Also, you didn't answer my question about context.

Yes, I did.
In what context? A job reference? In the context of your divorce case? Something else?

Response: The statement was requested by my wife (likely under the guidance of her attorney) to support her character in the divorce proceedings.

 

[zddoodah]

Looks like you buried it in with your quotes from my prior response.

In any event, that this happened in the context of legal proceedings means it's likely privileged.

 

[RPhillips1]

There was nothing "false" about that statement if you actually did give your notice at some time after the garnishment was brought to William's attention.



The statement, by itself, certainly doesn't lead to the conclusion that you are one who consistently "quits" job. There is certainly nothing actionable against your former employer.

As to what your wife says about you during a divorce, that goes with the territory. Develop a thicker skin and get on with your life.

"goes with the territory" does not justify crossing the line into slander, defamation, or libel regardless how thick one's skin may be.