Slander or Defamation ??

[sds34668]

Can anyone tell me if I have any recourse?

I recently resigned from a company due to some hostile environment issues after being with them over 2 years.

I have since found new employment. 2 Days ago, I learned from 2 of my previous customers that had ironically walked into my new office on my day off, that my ex-boss is badmouthing me. I work in insurance, this is not a field where you can achieve anything if you are not trusted. I'm not sure how many of my previous clients have been told things about me, but I need to stop what they are doing before they ruin my reputation or possibly have an effect on my license - I must have some legal recourse here. I

Fortunately for me - the customers whom I called the next day when I heard they were in the office - defended me.

Any suggestions or direction here would be great, and thanks

 

[jacksgal]

Stick n stones sticks n stones. Until you can show how this harmed you either physcially or monetarily you have no case

 

[Green_Hornet]

Defamation is divided into the torts of libel (publication) and slander (Speech).
Liability ensues under the following:
1.An "unprivileged" publication to another.

2.A statement that is false and defamatory,and

3.fault with respect to publication.In some instances, a plaintiff must prove that the statement has caused special harm.

The prospective employer that checks the references and the former employer that supply information, are subject to potential liability if the exchange of information illegally harms the job applicant. This may arise under several common law principals, such as defamation, the right of privacy, and most important interference with prospective economic advantage.
Some states have enacted statutes to modify the common law this along with recent court decisions have begun to slowly move in favor of the job applicant.

 

[jacksgal]

But that does not apply here. OP already has job she is not an applicant furthermore it seems no one pay much attention to the statements. No damages therefore no case

 

[Green_Hornet]

At this point that is true however there is a remedy if economic injury occurs. Also not being in the insurance business as the poster, we don't know if there has been a economic lose. The poster already believes there is economic harm. If so then remedies exist.

 

[sds34668]

Its not about wheter or not I can get another job, I have one. Its not about sticks and stones either....

Insurance..how do I sell insurance if people are told and believe that I am incompetent because of my former employer? If I cant sell the product, I am a useless agent who is no longer employable. So much for that career.



It baffles me that an employer can do this and the ex employee has no recourse. I would BET MONEY that if the shoe was on the other foot, the employer WOULD have recourse. So whats wrong with that picture?

 

[Green_Hornet]

If I cant sell the product, I am a useless agent who is no longer employable. So much for that career....It baffles me that an employer can do this and the ex employee has no recourse.

Excuse me did you read my post? You may have a case contact an attorney to verify if you can "prove" damages by the former employer slanderous comments this would give rise to litigation.

 

[sds34668]

Thanks Green Hornet - I misread your reply the first time around.

I think that contacting a lawyer before it goes any further is going to be my next step.

 

[Green_Hornet]

Thanks Green Hornet - I misread your reply the first time around.

I think that contacting a lawyer before it goes any further is going to be my next step.

Good that about all you can do.

 

[Libel_Victim]

Avoiding harm from libelous statements

I too am a victim of defamation, only on the internet. Someone wrote defamatory remarks about me accusing me of having been in contempt of court, stealing, negligence and even allegations of bribery. They included my name and my small management consulting firm's name. Every couple of months I search Google as if I were a prospective client in order to see what they will see. I discovered this defamatory post on Page 1 of the Google search results for my name, my company name and the word "legal". How do I go about having the contents of this thread removed quickly so that I will not suffer any (more?) harm?

Thank you

 

[mike]

Every couple of months I search Google as if I were a prospective client in order to see what they will see. I discovered this defamatory post on Page 1 of the Google search results for my name, my company name and the word "legal". How do I go about having the contents of this thread removed quickly so that I will not suffer any (more?) harm?

I don't know if the comments you're complaining about are defamatory or just opinion so I won't and can't discuss them. Assuming the comments are defamatory, why deal with the administrator of the forums where the thread the defamatory comments appear?

 

[de_novo]

Seems as if there isn't really anything you can do about the remarks on the internet since they were posted anonomously. That's the beauty of the internet, and whoever has posted these knows it. To bring about an injunction of some kind, you need a tangible figure, not a shadow on the internet. You may want to contact the administrator and see if they are willing to take the comments down, but that depends on whether or not they wish to do so.