Does this constitute defamation,libel or slander suit?

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Shak71

New Member
Jurisdiction
New Jersey
Dear Sir or Madam:

On Tuesday April 10th 2018 my fiancé and I went to a local Shoprite store in Little Falls New Jersey. My fiancé and I physically walked into the store together did our shopping, paid for our items,go into our car and left the premises.
Upon returning home we were confronted by our landlord/brother in law (to my fiancé) who called us in to speak with us. He asked my fiancé whether or not he went into Shoprite Liquors which is adjacent to the actual supermarket. My fiancé is a recovering alcoholic so this is not a joke of any kind. We both infacatically said "NO". He explained a Shoprite Liquor store employee called him to let him know my fiancé purchased alcohol. We explained this was not the case. My fiancé was with me every single second while on the premises. Keep in mind our landlord/brother in law (to my fiancé)works for Shoprite as well however another location. We were told that he was going to speak with this person further and if this was in fact true he was throwing us out of our apartment. My fiancé and I went up to our apartment and I was livid. I went to the liquor store to speak with the manager regarding this matter. I explained the situation to the manager and said he would speak with the person my fiancé and I believed to be the person who works at the store who called our landlord. The manager said he would call me back after he spoke with the employee.
Upon returning home my landlord claimed he would obtain proof of the purchase I explained that's fine because there won't be any. Now going up to my apartment my fiancé is on the phone with his mother who claims she heard" he was up to no good" at first she wouldn't disclose how she came across this information eventually she finally told him a family friend who works at the store contacted my fiancé's cousin and sister that he purchased vodka. Again an utter lie!!
The manager called me back a few hours later explaining he spoke with his employee who admitted to making this phone call while at work. He instructed his employee that she represented the corporation and should not have done that. Also he explained there was no video evidence of any purchase being made allegedly by my fiancé. The next day this employee contacted me on social media calling me and using profanity and calling me names that defamed my name as well. I replied once she continued badgering me but I ignored it.
This Shoprite Liquor employees little shenanigans almost cost us our home and really made a huge mental and emotional impact on my fiancé's recovery as well as putting his family against him for something he didn't do.
Do we have a case??
 
You DIDN'T lose your home. You can't sue for what didn't happen.
Agreed- we didn't lose our home. That being said we were threatened with this due to the women's slanderous statements. Also, what about the unnecessary strain added to the relationship between my fiancé and his family. This isn't the first time this employee did this to my fiancé.
 
We both infacatically said "NO".

Infacatically???

He explained a . . . store employee called him to let him know my fiancé purchased alcohol. We explained this was not the case. My fiancé was with me every single second while on the premises.

Was the accusation that your fiancé purchased the alcohol during the trip when you were with him, or could the accusation have related to a time when you weren't with him?

and calling me names that defamed my name as well.

I'm at a loss to understand what this might mean. Do you mean that she used curse words (e.g., called you a "bitch" or something of that sort)? If so, that's not defamation.

This Shoprite Liquor employees little shenanigans almost cost us our home

"Almost" is the most important word in this sentence (and, frankly, even if your current landlord evicted you, I'm sure there are other apartments in New Jersey).

and really made a huge mental and emotional impact on my fiancé's recovery as well as putting his family against him for something he didn't do.

If your fiancé's family members are willing to assume that an accusation made by some random schlub at a store is gospel truth, then that speaks volumes about them. Or, maybe, it means that your fiancé already has a bad reputation in relation to sneaking around and buying alcohol.

Do we have a case?

We? This really has nothing to do with you (aside from the fact that you could serve as a witness as to those things about which you have personal knowledge). As far as your fiancé, probably not. Most defamation is not legally actionable in the absence of actual financial damages, which your fiancé does not appear to have suffered. Defamation can sometimes be actionable in the absence of damages, but this wouldn't be the sort of thing to which that would apply. Moreover, it is unlikely that the random store clerk has sufficient assets and/or income to justify the time, expense and emotional toil that a defamation lawsuit would necessarily entail.
 
This isn't the first time this employee did this to my fiancé.

Maybe you and your fiancé should consider avoiding this particular store. Alternatively, he could look into a restraining order against her.

As far as his family, if they are so willing to believe accusations by some random store clerk, then he already has problems with his family. Most of the time, if some random person accuses a recovering alcoholic of buying alcohol and a family member gets wind of it, the family member will simply ask the alcoholic about it and, assuming the alcoholic's denial is credible, that should be the end of it, and no significant "strain" on the family relationship should result.

Any chance this clerk is a family friend or an ex-girlfriend who has an axe to grind? If so, then all the more reason to consider a restraining order.
 
Other than "unnecessary strain" what ACTUAL DAMAGES have been suffered? You didn't lose your home - did one of you lose a job? Get demoted? Have your pictures published in the newspaper as terrorists? What?
 
Maybe you and your fiancé should consider avoiding this particular store. Alternatively, he could look into a restraining order against her.

As far as his family, if they are so willing to believe accusations by some random store clerk, then he already has problems with his family. Most of the time, if some random person accuses a recovering alcoholic of buying alcohol and a family member gets wind of it, the family member will simply ask the alcoholic about it and, assuming the alcoholic's denial is credible, that should be the end of it, and no significant "strain" on the family relationship should result.

Any chance this clerk is a family friend or an ex-girlfriend who has an axe to grind? If so, then all the more reason to consider a restraining order.
This is not a random person but a family friend who called my fiancé's sister and cousin while still on the clock for Shoprite.He was physically with me at the local Shoprite so the alcoholic who is in recovery has a credible source beside himself to corroborate his account.
It has put a terrible strain on his family and him because this employee made a phone call to my fiancé's family and lied about him purchasing alcohol, which as I stated was impossible because he was with me.
 
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Other than "unnecessary strain" what ACTUAL DAMAGES have been suffered? You didn't lose your home - did one of you lose a job? Get demoted? Have your pictures published in the newspaper as terrorists? What?
Very professional statement.
 
Infacatically???

The accusation was when he and I were at the store together.

As for what she called me on social media she called me a c**t fill in the blanks.

And yes "we" since the pair of us are engaged hence the term "we"

Was the accusation that your fiancé purchased the alcohol during the trip when you were with him, or could the accusation have related to a time when you weren't with him?



I'm at a loss to understand what this might mean. Do you mean that she used curse words (e.g., called you a "bitch" or something of that sort)? If so, that's not defamation.



"Almost" is the most important word in this sentence (and, frankly, even if your current landlord evicted you, I'm sure there are other apartments in New Jersey).



If your fiancé's family members are willing to assume that an accusation made by some random schlub at a store is gospel truth, then that speaks volumes about them. Or, maybe, it means that your fiancé already has a bad reputation in relation to sneaking around and buying alcohol.



We? This really has nothing to do with you (aside from the fact that you could serve as a witness as to those things about which you have personal knowledge). As far as your fiancé, probably not. Most defamation is not legally actionable in the absence of actual financial damages, which your fiancé does not appear to have suffered. Defamation can sometimes be actionable in the absence of damages, but this wouldn't be the sort of thing to which that would apply. Moreover, it is unlikely that the random store clerk has sufficient assets and/or income to justify the time, expense and emotional toil that a defamation lawsuit would necessarily entail.
 
As for the statement regarding getting another apartment for 3 people in Northern Jersey isn't an easy feat.
 
It's a valid question. You need actual damages before you can sue. So far, you don't appear to have any.
 
In the future buy your liquor at another store, or even in a neighboring county.

These days, you can even order liquor to be delivered by UPS or USPS.

Back in the last century, a taxi could be directed to but liquor, beer, or cigarettes. The taxi driver would but the items and bring them to the address you instructed.

You can buy liquor and your friend can sit in the car.

That way your friend won't be falsely accused because he was with you in the store.

Outsmart Outwit Outthink Outlast your detractors.
 
In the future buy your liquor at another store, or even in a neighboring county.

These days, you can even order liquor to be delivered by UPS or USPS.

Back in the last century, a taxi could be directed to but liquor, beer, or cigarettes. The taxi driver would but the items and bring them to the address you instructed.

You can buy liquor and your friend can sit in the car.

That way your friend won't be falsely accused because he was with you in the store.

Outsmart Outwit Outthink Outlast your detractors.
We weren't buying liquor!!! The Shoprite supermarket where we were buying our families groceries has a Shoprite Liquor adjacent to the supermarket. 2 separate buildings on the same parcel of land.
 
We weren't buying liquor!!! The Shoprite supermarket where we were buying our families groceries has a Shoprite Liquor adjacent to the supermarket. 2 separate buildings on the same parcel of land.


Shop at another store, or not.

I'm just another internet dummy.

You're the boss of you and yourself.
 
Exactly!the store clerk who accused my fiancé of being the vodka doesn't have the means to afford counsel which is why I would want to sue the corporation as well as her. It would definitely teach her a lesson as well as make an example of hiring such persons.
 
What is the issue here?? So what if this person called. Your GF is a Alcoholic and will be for the rest of their life. Get some thick skin because this will not be the last time someone states that. Unless there is a NO drinking in the apartment lease. I don't see how the person can move to kick you out.
 
What is the issue here?? So what if this person called. Your GF is a Alcoholic and will be for the rest of their life. Get some thick skin because this will not be the last time someone states that. Unless there is a NO drinking in the apartment lease. I don't see how the person can move to kick you out.
Firstly it's my future husband. Not Girlfriend.
Secondly it's my boyfriends sister and brother in law who is our landlord.
I came here for legal advice not to be told how I should feel by being told to "get some thick skin!" Don't presume to know if I have thick skin or not!!!!! Trust me I have thick skin- thicker then most. That being said if any of you actually read what I wrote it wouldn't be too difficult to actually understand my circumstances.
When someone you love is being falsely accused of something which is causing a major divide between he and his family as well as questioning his recovery you bet your ass I'm going to speak up and try to do something about it. So, this POS gets to have my boyfriends name and recovery dragged through the mud and gets away with it?? Oh that seems so fair. I think I'll take my situation to someone who actually takes the time to understand the entire situation instead passing judgement upon me. Seems to me all of your lovely and thoughtful comments are coming from those who may never have dealt with loved ones in recovery. The snarky remarks say it all. I truly hope the lot of you never have to deal with certain matters but if you do please be sure to drop by on here and tell me how much it sucks to see someone you love being called a liar due to a disease they didn't choose to have which consumes their lives. Until then don't judge. I didn't ask for your opinion on how I should feel or not feel rather I asked for some legal advice. You all did a bang up job. NOT!
You legal Mavericks (lol) don't have any options just rude and obnoxious opinions.
 
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