Slander?

[Guidance]

My husband's ex-wife frequents the bar that I work at. She will make comments that I do not make her drinks right or the food I serve her is too cold or not right. She has also made comments insinuating that business is slow when I'm working. Management has told her on 2 occasions that if she doesn't like it not to come in when I am working. When it's possible I have another person wait on her so that we do not have incidences such as this. She is never rude directly to me. My concern is she tells new customers wrong things about me - that I'm rude that I stole her husband. All of this is false her marriage was over before he & got together. The fact is I want to know what I can do about this because I do care what people think about me.

 

[army judge]

My husband's ex-wife frequents the bar that I work at. She will make comments that I do not make her drinks right or the food I serve her is too cold or not right. She has also made comments insinuating that business is slow when I'm working. Management has told her on 2 occasions that if she doesn't like it not to come in when I am working. When it's possible I have another person wait on her so that we do not have incidences such as this. She is never rude directly to me. My concern is she tells new customers wrong things about me - that I'm rude that I stole her husband. All of this is false her marriage was over before he & got together. The fact is I want to know what I can do about this because I do care what people think about me.

She isn't committing slander.
She is expressing her opinion.
Slander is a very difficult tort to pursue.
She's not doing anything untoward or illegal.

Slander is often lumped into a class of torts called, defamation with its cousin, libel.
Here is the common law definition of slander.

You should ignore her, play some music when she walks in, and keep very busy!

What Are Defamation, Libel and Slander?

Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

Typically, the elements of a cause of action for defamation include:

1. A false and defamatory statement concerning another;
2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
4. Damage to the plaintiff.

In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.

Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.

Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:

* Attacks on a person's professional character or standing;
* Allegations that an unmarried person is unchaste;
* Allegations that a person is infected with a sexually transmitted disease;
* Allegations that the person has committed a crime of moral turpitude;

While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.

http://www.expertlaw.com/library/personal_injury/defamation.html

What is Slander?
Slander is a defamatory statement made verbally or by gesture. The same rules generally apply to both libel and slander, which are often grouped together under the term "defamation." In some jurisdictions, the statute of limitations for slander is shorter than for libel.

What is Libel?
Libel and slander are legal claims for false statements of fact about a person that are printed, broadcast, spoken or otherwise communicated to others. Libel generally refers to statements or visual depictions in written or other permanent form, while slander refers to verbal statements and gestures. The term defamation is often used to encompass both libel and slander.

In order for the person about whom a statement is made to recover for libel, the false statement must be defamatory, meaning that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive.

The statement(s) alleged to be defamatory must also have been published to at least one other person (other than the subject of the statement) and must be "of and concerning" the plaintiff. That is, those hearing or reading the statement must identify it specifically with the plaintiff.

The statement(s) alleged to be defamatory must also be a false statement of fact. That which is name-calling, hyperbole, or, however characterized, cannot be proven true or false, cannot be the subject of a libel or slander claim.

The defamatory statement must also have been made with fault. The extent of the fault depends primarily on the status of the plaintiff. Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement. In most jurisdictions, private individuals must show only that the defendant was negligent: that he failed to act with due care in the situation.

A defamation claim -- at least one based upon statements about issues that are matters of public interest -- will likely fail if any of these elements are not met.

While on many of these issues the burden of proof is on the plaintiff, the primary defenses to a defamation claim are that the statements are true, are not statements of fact, or are privileged. Some defamatory statements may be protected by privilege, meaning that in certain circumstances the interest in communicating a statement outweighs the interest in protecting reputation. For example, most, if not all, jurisdictions recognize a privilege for fair reports of what is said, done, or published out of government and judicial proceedings, and for reports of misconduct to the proper authorities or to those who share a common interest (such as within a family or an association). Privileges do vary somewhat from state to state in their scope and requirements. They generally apply to non-media defendants to the same degree as to media defendants.

A successful defamation plaintiff may be entitled to a jury award of money damages. In some instances, the plaintiff may also be awarded punitive damages for particularly reprehensible conduct. The parties to the claim are entitled to appeal and cases are carefully scrutinized on review to protect the defendant's First Amendment rights.

Defamation claims can be brought by living persons and entities that are considered "persons" under the law such as corporations, unincorporated businesses, associations and unions. Governmental entities cannot maintain actions for libel or slander, although a government official can bring suit for statements about the official individually.

Libel and slander are civil claims, but a handful of the states recognize an action for criminal defamation. Prosecutions are rare, especially against the media.

Under the American federal law system, defamation claims are largely governed by state law, subject to the limitations imposed by the free speech and press provisions of the First Amendment to the U.S. Constitution as interpreted and applied by the Supreme Court and other courts. While the elements of defamation are largely identical throughout the country, because defamation is a matter of state law there can be important differences on substantive and procedural details of the claim in the separate jurisdictions. And as a result of the application of First Amendment requirements to the claims, the specific elements as well as the burdens of proof with respect to those elements may be different depending upon whether the plaintiff is a public or private figure, whether the defendant is media or non-media, and the character of the statement(s) at issue.

http://www.medialaw.org/Content/NavigationMenu/Public_Resources/Libel_FAQs/Libel_FAQs.htm