Falsely Labeled a Felon

[perevod]

I was convicted of a misdemeanor and placed on probation. I informed my employer of the offense when I applied for a job, and my employer hired me anyway.
Then my probation officer wrote a letter to my employer, in which she said, "***** has told me that you are aware of his status on formal felony probation." Of course, I never told my employer that I was on felony probation, because I am on misdemeanor probation. I explained to my employer that my probation officer had made a mistake, and my employer accepted my explanation. I really don't have any special damage.
What I want to know is, can I sue my probation officer (or anyone) for libel? It seems to me that telling my employer that I am a felon when am not one is libel per se, tending to injure me in my occupation as well as exposing me to hatred, contempt, etc...
Thanks...

 

[NYClex]

Your first hurdle to overcome would be government immunity. Depending on your state's law it could very well be that the probation officer is seen as a state official, the statement seen as made in the course of her job and therefore under absolute governmental privilege, making her immune against your suit.

If you could overcome that hurdle, you might well have a case here, but you still would have to prove negligence.

The next hurdle then is to prove damages: in many states you would not have to prove special damages, but could be entitled to recover nominal damages. But this is the question: since you did not seem to have suffered any pecuniary damage, nominal damages would probably not amount to anything impressive and it is questionable if you would want to go through all the aggravation of a lawsuit only to get an award of $ 500 in the end.