How to Sue for Defamation of Character

Defamation can be defined as making a statement that (1) is false; (2) is either explicitly or implicitly presented as fact; and (3) conveys something negative about the person being described. 

Often, the term “defamation of character” is used. Defamation can be either in spoken form, in which case it is also called slander, or in written form (including images), in which case it is known as libel. Libel lawsuits, in particular, have increased with the advent of the Internet.

As a general rule, for a defamation lawsuit to succeed, the plaintiff must be able to show that the statement made by the defendant harmed the plaintiff in some way, generally by damaging the plaintiff’s reputation in the eyes of others. For example, if you are a carpenter, and someone simply tells you in private that you are incompetent, you have no real case against them. But if someone gets up at a Chamber of Commerce meeting and states that you have defrauded many people by taking their money and not doing the work–and it isn’t true–you may have a good case for slander.

Even if someone makes a defamatory statement about you anonymously, e.g. by using a fake name for themselves when writing bad things about you on an Internet message board, you can still sue them. However, you then must also have a way of proving that they are indeed the one who posted the libelous message.

If you are contemplating a lawsuit for defamation, here are some suggestions for how to go about it.

Collect evidence. As the plaintiff, you bear the burden of proof. You must be able to show, in a court of law, that the defendant was the one who made the statement(s) in question; that the statement(s) were false; that the statement(s) harmed you in some way (usually by damaging your reputation); and that the statement(s) were made in the presence of third parties, i.e of person(s) other than the defendant and yourself.

Seek legal advice. While you can file a defamation lawsuit pro se, you will be much better off to get the advice of an attorney well versed in slander and/or libel. No matter how grievous you think the false statements were, your attorney will be able to advise you as to the potential monetary damages you may be awarded.

Proceed with the suit. If your lawyer advises you to do so, you may proceed with the suit. Your attorney will file suit in the appropriate venue. You will have to pay the appropriate fees. The defendant will be served with papers by a process server, and will have the statutory period in which to respond.

Negotiate where possible. You may or may not be able to get an out of court settlement.

Go to trial if necessary. Your lawyer will be able to advise you whether or not to seek a trial by jury or by a judge (bench trial).

76 thoughts on “How to Sue for Defamation of Character”

  1. There is someone that is claiming that I made her sick & she is going to the DR for HIV test & she is wrinting all kind of ugly, nasty messages on Face Book & publish my name badly. I was never with this lady in my life what can I do to stop her of spreading bad rumours about me. I’m seeking legal advise & i’m going to print all nasty mails & Face Book messages, Please help & I’m willing to pay. Thank you in advanced E. U.

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    • hi edwin if you are filing a libel case againts the person defamed you through fb, e-mail or any similar means in social netwoking sites in the Phillipine court, dont waste time of doing it because their such no law yet that connects to libel violations in your situation, your case will just be dismissed.

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      • I would think first off, that if a person has proof say like statements on sites from this person saying things about him,her. Then I feel that person going under all this type
        of stuff has more than a chance to take legal action! I have been going through similar instances since the year 2,000!
        To this day I have a statement of slander wich a family
        member wrote about me! I personally have a copy of what
        this person said to me! It was in regards to me asking a family member for a loan,of $80.00. I had requested the amount from him, with the understanding I would soon afterwards repay him back! His wife, then ordered him not to help me! She then wrote bad things of me, for people to see on the Internet! People then read what she said of me, and today things are not well at all! I too have lost jobs, because of all of this! Not just this one purticular incident, but other things not of my making, or choosing. My main thing is that family, can also be your worst enemy!
        They can do more than the average person, in terms of damaging a persons rep!
        Other people will believe things, keep the ball a rolling, for just the sake, of ruining a perfectely good person!
        They know it’s not true, but to them,it’s like if he, she,
        proves us wrong, then we won’t be able to hold our heads
        up! We don’t like him, her, so we have to win at his, hers, own expense!
        An thats because, some people have nothing better to do!
        They have alot of problems,going on.. that them making problems for someone else brightens their day!
        They get up in the morning feeling light as a feather, with
        real happiness, an personal well being because now someone has problems, an they feel so not alone!
        In my minds eye, it’s a personal loss to the perpitrator, an empty victory, wich soon they will deeply feel!
        So they go back out, an giver another shot!
        That now it’s like they are saying,…. There for once this person has a lil adversity going on in their life,now they are going through the same things I have!
        But tell me? Why should another perfectly good person be put through this? Just because, a person is going through things, gives that person no rite to cause another person anguish! This kind of stuff causes bad feeling’s between
        friends, family member’s, etc. It seems this stuff has risen
        to very high degrees in recent years.
        Now the problem is this…How can a person find legal help,
        that is willing, an strong enough, to bring all of this to a screeching hault? What if that said person needs legal help badly, but has no money! Especially if this person has lost their job, because of people that put them in a position, of not their making! There are even times, where I’ve hurd this saying!…We here in this town all cover one another behinds! Welp here is another case senerio..it only takes one person, to start a catastrophy, an to put a person in a situation, not of their own making! Then that said person is forced into something, wich last for how long?
        For what I can see of all of this, what I’ve been through, an countless other grief stricken people here in this comments area. We have all gone through things here, very devestating things here! How can we find a kind legal aid, that is willing to put their foot out there, to help us in cases like these!
        Especially those that have no money, to even get themselves help in times of crises?
        Maby that’s why some people are without funds, do to no
        job! Because when they are hit hard, with things like this.
        They have proof of all this stuff going on, and would have the funds to straighten people out, for the anguish they are causing others! I love my relative dearly,an could probibly
        take the evidence I have personally to court!
        I would probibly win 100% but that would again cause devision, between my relative, an myself because of her!
        I do feel the B**** should get what’s coming to her….and those just like her!
        Sincerly, Joe

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  2. The question I like to ask is can I sue my neighbor for defamation of Character because me and my neighbor are going through a problem and I had to get a lawyer because she is lying about the damages, but to make a long story short on July 11, 2011 the Fire Marshal and the Forest Services said that they got a complaint that I was burning trash and the sheriff office sent them to my house so they can investigate. They came to my house and ask me was I burning trash and I said no not since the incident, I now take my trash to the dump. Then I found out that my neighbor talk to there lawyer and told him a false statement that I was drunk and went to their house and said some things and their lawyer wrote my landlord letting them know what I did and on July 13, 2011 I am going to take out a complaint on them for the false statement about me burning trash and at the same time adding the false statement that I came to there house drunk saying things to them, I don’t talk to my neighbors or go to there house at all, but I like to know can I sue them for defamation of character about what they said and did when I go and take this complaint on them and give a copy of it to my lawyer as well as the letter that was sent to my landlord house.

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  3. I’m thinking of suing my landlord who happens to be the ex District Attorney and is currently a defense attorney, so it may be difficult since this is a small town & he’s prominent. I recently let a guy friend stay in my house for a few days because the house he was in sold & he was looking for a place. The guy got drunk & belligerent then physically assaulted me because I told him to leave. I then hit him back & he had me arrested for 3rd degree assault & told the police he had lived in my house for 6 months, which is a lie, so the judge said I couldn’t be in my home. After I found out he was gone I gained permission to come home but can go to jail if he chooses to come back. My landlord is now evicting me because of the situation and has not only called me several horrible names, but after he had left a message on my moms answering machine he accidentally didn’t hang up & recorded a conversation between himself & another guy, in which he was calling me a liar & saying that myself & my 19 yo daughter were running a “chill house” & that this is a “drug house”, and that my daughter was wearing nothing but a thong when he was here 1 time & practically having sex with her b/f in front of him This is all lies! He even said on the message that he knows the guy that was staying here & he knows he was living somewhere else until a couple of weeks ago. He & his friend kept laughing and making fun of me & my daughter, which is strange because a couple of months ago he said i was the best tenant he’s ever had & he never wants me to move! I’ve never been late on rent and I don’t do drugs or cause any problems. Do i have a case?

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  4. my boyfriends ex girlfriend and mother of his children has caused distress in my life. This has been going on, off and on for the past 9 years. Recently she has accused my 13 year old of inappropriately their 5 y/o daughter. I know an investigation will take place and it will be unfounded. My question is, when this is all over with I want to sue her. She has messed with my life to the point of physical ability to do my job, mental and emotional distress. She has caused me so much stress it has prevented me from working, or staying at work because of anxiety. And now she has caused this anxiety and stress upon my 13 son. Now my son is worried about if anyone finds out she said this. Why is she wasting the time of our officers when they could be catching real pedophiles. He is a 13y/o kids who shouldn’t be worrying about this stuff. He should be worried about school and getting his drivers permit, not this. I want to know do I have a case and if I do where do I start?

    [correction above.] “Inappropriately touching” she has caused me “physical inability to do my job”

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      • As do I my boyfriends ex is saying that we are abusing her kids when she is the one that is doing it and telling her boys to say its us she has called cps on us it came back unfounded so she called again. I’m tired of her trying to ruin us, but more importantly I’m tired if the mental games and abuse SHE is putting her kids through

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  5. My ex friend made a false statement about me to my former assistant manager (her close friend…which Im appealing and mentioning conflict of interest because she helped in the investigation) claiming that I made her feel uncomfortable and threatened about a text I sent her. The text what far from that and I just asked her a question and she took it in the wrong way. The sad thing is she kept talking to me and kept setting up dates to hang out with me up till last week and I received a phone call from the corporate investigating me. I was shocked and very hurt. This is the same girl that asked me the day before I received that devastating call that she wanted to hang out. So at the end I was fired. I am the 3rd person she has gotten fired for false statements. Everyone has complained about her , but no one will investigate her. I still have the texts and I am bringing the people she had fired as well as mutual friends. I am hurt and have learned that when she doesn’t like things about people she goes behind their backs and does them dirty.I have watched her kid many times and she has watched my dogs as well. How do I make you uncomfortable and feel threatened? I hope I win this case. I have no job, my fiance has to stress about how he will pay rent and the bills, and we had to cancel our wedding and trip this winter.I had to return his wedding ring because I can not afford to pay for it. I can not pay to get my car fixed. She has messed with my life as well as two others. I hope I WIN!!!!! Any advice let me know!

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  6. my fiances ex put a 14 min video on youtube calling me a child abuser child molestor and a drug addict she has a petition and a “rap video” about me as well. they ( my fiance and his ex) have a son together. I have been in his life since he was 1 he is almost 7. he loves me calls me momma serra and she can’t stand it. she lost all rights to him in april this year b/c for a third time she accused me of malesting him. my stepson told cps his mom makes him saybthose things. anyway the judge said to stop accusing me of this or shed lose all rights permanently. so then she put up these things about me online. now I have a one year old son I work in pediatrics and nanny for extra cash…. what can I do. to end this?? its been over three yrs of disgusting desperate accusations!! please help me

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  7. I was wondering if I am able to sue a town for Defamation of Character. I moved here since I was 2 years old to a small town in Canada and since then I have gone through HELL. My school years I was plagued by being harassed by the teachers and the students of my school because they “claimed” my parents were welfare cases when actually they both worked and made over 70,000 dollars a year. This led to me being suspended multiple times and my reputation down the toilet. The school once tried to have a psychological examination done to me all because I use to brush my hair back because I went through this “long hair phase” but hey….it was the 90’s. As I got older my reputation has gotten me pulled over by Police for no reason, Arrested and thrown in Temporary Cells for 8 hours at a time FOR DOING NOTHING. The local townspeople continually spread lies about me and one time calling me “A Cannibal” “A Crack Head”(Never Touched the stuff EVER) “A thief”. I once overheard local Hospital Members when I had to go to emergency talking amongst themselves how they were going to NOT Sterilize a needle because of who I was…So I left the Hospital and almost was charged by the local Police for not staying there. The Police make lies up about me continually, yet I have NEVER been charged with anything. I cannot get a job to MOVE OUT of this town because Nobody Wants to hire me, and when i did get hired, every co worker i worked with made up lies to get me fired.

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  8. I was wondering if my fiance and I have grounds enough to sue his exwife… she constantly lies about me, saying that I beat her children, I stalk her, I keyed her car and I let the air out of her tires… all of which are false!! It’s gotten so bad that my stepsons’ friends are allowed to be around my fiance and I because of these malicious lies. She has gone so far as entering false police statements about him abusing her into the courts and lying to the courts about us abusing the boys to keep him from ever getting custody. We both work at the state pen and are supposed to conduct ourselves in a positive manner. His big boss flat out told him that he isn’t getting promoted because of the things she has said and done in this regard. Is this grounds for suing her for Defamation? She is purposely tarnishing our names with false allegations to make herself look better and get people to be afraid of us. Her exroommate was so afraid that we were going to come after them that he kept a gun in his room at night and gave one to the ex to keep in her room too. We have done nothing but love those little boys to the point that they want to live with us, and I know that’s what is making her mad.

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  9. Can I sue the Baldwin County Sheriffs Department for defamation of my driving character? I went on a trip with my friend. She drove and was pulled over for speeding. She gave him her information, license and registration, and then he looked at me in the passenger seat and asked for my license and then out of complete stupidity put the warning with my name, address and license number. I have not had a speeding ticket or warning since 1997.

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    • of course 100% you can., file a slander case against her…but make sure you enough witnesses to attest the veracity of all defamation utterances…

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  10. My husband n myself have raised his children together for over 10 yrs. Biological mother had been absent for 13 yrs. She just returned over 2 yrs n life has been stressful. I recently was granted a restraining order protecting me from her. I have several reports where she is accussing me of serious actions. Child protective services investigated my home and could clearly see when are loving n prductive family. My teacher career became threatened, and she continues to lie to my step children about my habits, life style, and religion. I have mutiple messages where she slanders my character. She has assalted me, harrassed me, n continues to spread lies to my children and court orders which have caused me to become overwhelmed and feel my career is at constant threat. Its embarrassing to here the accusations in court, and because its family law, its always been between my husband n baby momma. So i have not had the opportunity to defend my character. I have to seek advice n support.

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  11. I am in the middle of a custody case and the father filed a police report citing that I’d put a hit on him, thereby causing a bar fight that he was in. I obviously had nothing to do with it and can prove that beyond a doubt. The incident is now being brought into the custody case and I would like to know what my options are as far as proceeding with a civil suit. Thank you!

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  12. I’ve been called all sorts of names by my ex boyfriends wife…he recently made contact with his daughter after 18years and in the intrim we also talk to each other as friends.. She has been accusing me wiht her husband and started phoning and calling me name..

    What is my rights

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  13. my husband recently quit his job as a software designer to start his own business, shortly after he decided to leave before he put in notice, he was chewed out by his boss and supervisor for getting into an argument he didn’t start with his team leader and defending his opinion on a project. The next day he put in his notice, put all his things in order, wrote notes on all the projects he hadn’t finished, and let his boss and supervisor know he would be using his 2 weeks of PTO instead of staying for the whole 2 weeks.
    a few weeks later, we received a call from his ex-supervisor saying that his ex-boss has been telling people that my husband had sold customer information before he left. after several months of trying to get a hold of his ex-boss to see what was going on he finally did, and was told that his ex-boss was tipped off by another employee that someone with the first name starting with the same letter of my husbands name, who recently left the company had been selling information. we still don’t know who this employee was, and have not received an apology for the slander. or any notice that his ex-boss has retracted the accusations he made to his superiors.
    more recently we have learned from a friend at the company that since he left everyone in my husbands old division has been saying terrible things about my husband, and blaming all their problems on the work that he had done. saying that he is incompetent, that his code is garbage, and more. my husband has also seen blogs by ex-coworkers saying the same type of thing.
    very recently the company has been interested in some of the software he has written since he left and he had a phone call today with his ex-boss to discuss them buying the software. less than 30 minutes before the call, his ex-boss canceled.
    my husband is a very hard worker and very good at what he does, and I think the reason the call was canceled has more to do with the lies going around the office than anything else.

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  14. My neibour has been spreading rourmors about me telling people I am mad now its afecting me and my family I need help I can’t even get a job so serious it is help me some one please my phone number is 0738664501. 0730513884

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  15. I do not speak on a personal level to a co-worker that continuously spreads lies about me. The lies are always about something bad that he claims I’ve stated to him about someone. He informs random people at work what I’ve said, which is always completely false. He has targeted me and another woman that we work with. He may do this to other co-workers that I am not aware of, but his targets seem to be women only. I’ve complained to our Human Resource department about this and this continues to happen. I do not want my reputation ruined at work. How do I handle this situation?

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  16. What if a “blog” that was posted about someone was about an anonymous person but truthful (although denied by the subject) and the only thing could have led anyone to the actual person being a FB status update, that was also deleted?

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  17. What happens if two people are posting anonymously to one another on Topix and either one does not know each other but making fun or just being mean?

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  18. My company is being bought out, therefore, many of us are applying at another company. (we are all nurses, and I am a supervisor) In the interview, as I was being interviewed for a supervisor position, they asked me who I recommended for the CNA jobs. They then started calling names and I recommended all except one. I didn’t say anything about her…just that I didn’t recommend her. The next day, I confided in a “close” friend and told her about them asking me for recommendations. She then goes back and tells some of the CNA’s, who then accuse me of slander. Have I committed slander by saying that I didn’t recommend this person for the job?

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  19. I have a problem at work with a old girlfriend who acussed me of sexual harrasment. She accused me of texting her while at work and she told HR that i looked at her in a wrong way while at work.. None of the statements were truth i got a verbal warning bout the situation in wich i told gen manager it wasnt true was she was saying to ask her to show proof. she dint have any proof. So then she used one of her goodfriends to make false statement about me looking at her in a bad way… I was given another warning without investigation. So weeks after the warning they call me into office and give me a finall warning wuch talks about sexual harrasment and texting. ? Wich they have no proof of any of them and theres camaras all over work that could show my every move.. I appealed the write up and it seems like they getting ready to fire me.. Wat can i do?

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  20. Here’s my story I need answers to help out my brother.

    Ok this is to do with my brother and my cousin works together and there spouses hates each other so my brothers wife decides to tell her family whats going on then they come up with a plan to try and fire my cousin. So they make accusations and my cousin gets suspended from work for a week. So my brother gets questioned and he knows nothing now but going with what his wife is him but he still don’t know nothing he is basically getting lied to by his wife, so they actually buy the product and his spouse and her aunty returns the product they brought from a store to make it look like my cousin stole it and selling it in public. So human resources notice the story is not matching up so ask them to go in as who made the accusation so one of my brothers spouses friend goes in with my spouses aunty to make like it’s real, come to find out human resources got to the bottom of it. Basically found out the truth and found out that my brothers spouse was apart of this incident. Later that day my brother gets a call from human resources stating hes suspended due to further investigation for fraud, money laundering and for putting there boss in a hard situation, so he’s so upset he can’t think and he has nothing to do with it, they have no evidence pointing fingers at him. But his wife is on tape at his job helping return the items please if you know or can give me advise to help my brother not lose his Job I’m willing do take any advice. Do you think he will get fired? Or terminated? In the mean time he’s indefinite suspended from work until I don’t know, please if anyone can help and give some advice we would very much appreciate it. Thanks!

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  21. My French roommate has just defamated my character by posting a ridiculous message on Twitter saying that I said that French people are better than Canadians. Why would I ever say that?? French people are terrible! The thing is, I didn’t even know about it because I don’t get a notification when somebody mentions me on Twitter. I get a notification when someone follows me, but not when someone mentions me. Therefore, this libelous act was completely out of the blue and totally uncalled for. This guy also made up a new word using my name as a verb. You can’t just do that! What if somebody uses it in a negative way? That right there is slander. Therefore, I have to sue him for slander, libel, and overall defamation of character. I will be asking for the sum of $10,000. I think this is pretty fair.

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  22. My ex boyfriend has started defaming me.
    we were together for few months, but he was abusive and controlling, therefore i thought of ending it. he started blackmailing me first by threatening to kill himself, than he started to black mail me by warning me to spread my videos.
    Now he has started to defame me online, sending abusive messages about me to my friends and family.
    He is basically looking to ruin my life to establish his happiness.
    Can i sue him for this?

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  23. I gave permission for one of my doctors to speak to my primary doctor. She told the other doctor I was showing early signs of drug dependency and other defamatory comments, I don’t even want to write. I have proof I take my medications as prescribed and have never abused them or asked for increased dose or anything. This doctor has seen me four times for 10 minutes each,now my primary doctor I’ve been with for years believes what she said,since she’s a doctor and I suffer from Chronic disease and this kind of allegation can greatly affect my care and trust from my physician,not to mention being on a permanent record. Do I have a right to sue I really don’t want to but this is so serious I feel I must do something more than just file a complaint form. the doctor already has a citation on her license and that obviously didnt stop her behavior. She is also trying to tell me I cant have a copy of my records.

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  24. I recently purchased a golf club off a website that stated it was in stock. after 2 days i contacted them and they stated that they never had stock of the item and were waiting for it to come in. They also posted the wrong price,w hich was in my favour and therefore i was waiting. 6 days later the product still hadn’t came in and i left for my golfing holiday today. yesterday i posted comments on their facebook page stated they were incompetant and do not buy from them, even posted a picture, beware do not buy. They are now threatening me with legal action. Do they have case? they stated it was human error, but sureely they would then correct this on their webpage to not wstock, but 6 days later, still aying in stock. I feel they have been misleading and advertising wrongly and let them feel my wrath but not feel scared. Please help?

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  25. What if your ex-husband has posted defammation and slander remarks/statements on the internets and on topix chat room especifically attacking me financially cause he’s a dead beat loser. And I am a professional he posted my email on topix and how to score xanax. I want him behind bars he’s also hacking everything and in his job capacity has access to your entire portfolio, allegedly I think he’s selling indentities………I need Major legal help and I have alot of info on him and his network………….

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  26. I apologize for the spelling, unfortunately I am researching him and all his dirty business doings for my divorce case….Oh , I forget to mention I am a Registered Nurse in the ER……..I need a professional attorney not just any one who calls themselves an attorney no offense.

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  27. He is a pro at hacking everything that I touch including my cell phone, verizone account, computers. I’m at the end of rope after 25 years of psychological abuse from this schmuck he actually gets off on tormenting me he is so foul!!!!!!!!!!!!

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  28. My husband and I were accused of harming a little boy we keep. We were cleared of all charges. it has affected my job, I was moved to another job. She is trying to ruin my reputation. Can I sue them for Defamation of Character?

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  29. I work with children both professionally and as a volunteer and recently, in my capacity as a volunteer, I was falsely accused of knowingly staging an activity that placed the welfare of the children involved at risk. The attack on my good name was made for some personal reason that is a mystery to me and was totally untrue, when I presented evidence that squashed any notion that I’d done what I was accused of ,I was then accused of telling lies and fabricating documents. The person involved has spent time in a bar publicly making statements to people that “******* is a blatant and bare faced liar” and these statements were heard by a large number of people. I have two of those people ready to sign a legal afidavit that they heard these statements, I also have a printout of a text message where the same things were said. This issue has now begun to affect me in my professional capacity with a number of my colleagues asking about the details, my very real concerns now are that some people may beleive these accusations and that will damage my reputation and hence will hinder my prospects for career advancement if it hasn’t already done so. I have had to spend a considerable amount of time gathering evidence and attending meetings in order to defend myself and prove my innocence of the accusation against me and this has been done at some cost financially to me.
    Do I have a case for defamation of character, slander, damage to reputation and libel and if I do is it a strong one or should I just try and move on from all this?

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  30. About 5 years ago…I got a call from an old girlfriend who was crying and very upset. She said that she was kicked out of her house with her roommates and could I get her. I had not been in contact with her for years and was a stay at home mom with a newborn. About 3 hours later after my husband got home from work, me, husband, and baby went to her house to get her. I rang the doorbell, never left door front, she handed me some of her bags, and went back to car without incident. 5 days later, I was arrested in my private, gated neighborhood, in broad daylight in front of all of my neighbors. I was charged with malicious damage to person/property/animals more than $500 (they lump it all together) I never have been in trouble in my life and was hysterical. I had no idea what the charges were even about. I was absolutely devastated. I found out later the charges were for “keying a car” in the garage that I had never laid my eyes on. Long story short…..I got a lawyer…..he fought for a lie detector test to be admissible in court that I was paying for out of my own pocket. As I was leaving my house to drive out of town to take lie detector test….My lawyer called and said that all the charges were dropped. I thought that was the end of it. I have never been in trouble so I just assumed that everything was cleared up. 5 years later …My baby is in school so I hit the workforce to go ahead with career. I am in the middle of a long application process for a very important company….took test and passed with flying colors …etc. I also have been on 3 other interviews for impressive companies as well. I actually got a job offer for one, but still intend on continuing with other important job. Needless to say all these jobs require background check. I get a call yesterday from one of the jobs which was just an application I submitted to books-a-million that I had no intent on taking since other job offers are amazing. I FAILED background check 🙁 I had no idea. I am so embarrassed because I took the one job offer and went in yesterday and signed paperwork for background check, and I don’t even know what to say to her!!!!! I found out through internet that I actually have to get record expunged. This has caused me to lose jobs and much suffering!!! Can I sue???????

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    • Also I wanted to add that the “roommate” that pressed these charges and made false statements that there was witnesses of me entering home….did all of this out of revenge. My old girlfriend had gone down wrong path in life at that point and was pregnant. She was seeking adoption for unborn child and this roommate was basically paying old girlfriend for the unborn child (which I think is illegal) and had found out that unborn child was going to a different couple who she actually knew! I know soap opera!

      Reply
  31. False restraining order. I was told i stole my belongings back from ex’s home which were suppose to be delivered to my new home. But he did not do this. Instead he stole my things. in court their is a list of all my things. That were suppose to be kept in a room until movers came. False retraining order made it so i could not pick my things up. Plus his lawyer wrote a hippaa letter to my doctor.. That the doctor said my ex knew everything about me so this was intent to discriminant and cause me humiliation.Which it did.. Realtor asked my ex if she could use my things to stage his home.. Then he just took them to knew home. Realtors always seem to do such unethical things.She could have written me as I was a friend. Was..$$ got the better of her.Restraining order made it so i could not get my side out as DA said to plead guilty on my second court date. I did not know any better and was very sick. barley able to show up for this court date and moving at the same time.Now the restraining order is lifted. I am told i can now get my things. If he stops me and tries again i want a lawyer to help me fight his lawyer for hippaa violations.. and false restraining order. She has no documentation of anything she said or wrote. none.

    Reply
  32. I have had 2 of my grandchildren living with me for about a year or more. They had told me and a few other people that their aunt on their mothers side had slapped, kicked them and kept food away from them while they lived before with her and their mother. I placed a restraining order on them and took them to court it was extended a month, right after the mother picked the children up and took them away from us. She said that because I had reported her sister she was taking away from us. She also had told them she didn’t beleive them, when I know they had told other people even before us. What can I do since I don’t know know if they will be able to show for court. I have called Child Protective Services waiting to hear from them. I for somereason they can’t testify can I be sued for defamation or such? Thank you for your help

    Reply
  33. a girl-counselor I was working with at a summer camp last summer accused me of harrassment, and did it behind my back. i feel like i need to sue her because my high school principal and a town cop were adult staff at that camp. they pulled me aside one day and told me they thought i harrassed her.
    all i did was ask her to a casual, as-friends lunch after camp because i wanted to get to know here a little more becaue i already knew the other counselors pretty well. she said no thanks and then i moved on with my day and was completely done talking to her, but she created this issue out of nothing and no my principal and that cop basically think i’m a pedophile. i was 18 and i think she was 16.

    also, i did not: toutch her, threaten her, persist in asking (no, i think you should, really, please, i think you should), stare at her, or do anything else legally defined as “harrassment” or “sexual harrassment”.
    i completely left her alone after she gave her answer to a very harmless question.

    Reply
  34. my neighbors and i have been going through it for months now im black and there white they dont want us to ride down there road we also have a dirt road that leads to the back of my house to my back drive way when i use the road they spit cusss and yell at us recently i was walking down there road coming from a friends house and several of the white people were assaulting me so i ran and got two machaetes from my house i was defending yself against several people after it was over the cops and the daily news put my picture and the statement above in the newspaper which is cause me more problems with people in my town since this incident i have gotten into five fights with a white person dont get me wrong now i have many white friends and im not racist but can i sue the police department for this and the daily news for posting this in the newspaper one lady that i use to cut her grass four times a month stated to me that she could not use me anymore because of what was in the newspaper about me i need help please dont know what to do also my brother got into a fight with there dad in my yard now i repeat in my yard and they went to court and they gave my brother four years of probation its racism in the police department and did i forget i stay in palatka florida

    Reply
    • the only way you could sue is if you have proof statements are best if someone can be a witness but that’s a very very tricky ordeal, a former friend of mine had this happen it was dismissed because their was not enough proof they looked at it as her getting back at him and stated anyone could do that you can still try to pursue it in court but it’s very hard to prove all you can do is get evidence, evidence, evidence

      Reply
  35. My son is going through a divorce. His father-in-law is friends with the mayor of the area his wife lives in. Anytime she calls, her father will call the mayor and have a policeman present when she meets my son to exchange children or if he is in the establishment she is at. My son is afraid of being arrested for no reason! There is no restraining order (although she has filed a few and cancelled them before the court date as well as emailed and called him after filing). Can he file a slander suit? Do the police have record of the reason for sending the police? Will they test her alcohol level if he asks while there? How many times can she call the police or file a restraining order before they do something to her if the calls are unjustified?

    Reply
  36. I have a question about an employer releasing me from my job because I was told to make a phone call to the customer and when I called the customer, they filed a complaint against me. They stated that I made and inapplicable phone call while at work. The customer sent several emails to my employer stating false claims. I wanted to know if I could take her to court for defamation of charcter.

    Reply
  37. Hello,
    I am curious on finding out if a certain individual could sue someone because this specific person had barred him from a police job position just because he has a strange fetish. This person has ruined his reputation of getting his dream job and is notorious for being a cyberharasser. I myself have had run-ins with this malicious person but have thankfully have not met her in real life.

    Reply
  38. I was shopping at a near by CVS when the person I was with was caught stealing a pack of batteries. The manger caught him because her an another employee were following us. She continued to let me shop an cash out, but told him he was allowed back into the store for a year, but nothing was said to me about not coming back into the store I buy stuff from there everyday. I also fill all my medications at there pharmacy because of my illness I have a lot of medications. Then on Easter I went back into the CVS to buy chocolate bunny’s for my two children because what’s Easter without a chocolate Easter bunny! This friend of mine also happened to come into the store i guess a few minutes after i did an the manager told me that I had to leave. I asked her for what reason an she said because I was his acomplis. I have never stolen from this store. I do want to add that i dont have the cleanest past but i’ve changed!!! The point im trying to make is she never mentioned the day of the batteries that i couldn’t come back into the store but a few days later she can change her mind?? Can she even do that?? Q When I told her I was there shopping an I wasn’t leaving because I did nothing wrong she starts getting loud that my friend stole something an she doesn’t know that I didn’t have anything to do with it so I had to leave too. Did I mention she said it very loudly in front of other customers an her co.workers. So my question is can she kick me out of a store for someone else’s wrong doin an threaten me with the police an harassing me by following me around the store, talking to me disrespectfully or treat me like a criminal when I did nothing wrong?? I think she’s on some type of power trip! Thanks for listening…an please any feedback would be very much appreciated! ^_^

    Reply
  39. You’ve written this article as though it’s worldwide, but it either only applies to one country or is inaccurate, as in English law the DEFENDANT in a defamation case has to prove that wwhat was said was true – the burden of proof is, unusually, on the defendant. Any decent legal advisor would make it obvious that the info is country-specific, so I suspect this article was made by a non-legal person as a result of reading something as spurious as Wikipedia.

    Reply
  40. hello I have a very serious problem I live in Canada for starters Ontario and this is in point form what my 70+ year old neighbor does. I am a 22 year old female living with my spouse who is 27

    -lied to our landlord stating our dog barked from 10am to 6pm which is a lie since i’m on sick leave and home (ALL THE TIME)
    -has been going around the neighborhood accusing us and telling others our dog yaps all day long and my dog is vicious when (SHE’S CLEARLY NOT)
    -has been accusing me in public of (stealing the neighbors dog when I didn’t)
    -has acussed me in front of my guests about my dog barking all the time
    -has followed me and my spouse home from the park and has waited to see us walking home
    -glares into our apartment window, doors and stood their watching
    -will self invite himself into a conversation with me and another without being asked to join example (I will be talking to someone and he will waltz over and start butting in belittling all of us)
    – a neighbor was kind enough to give me a free bike he told me this but when he gave me the bike lock code on behalf of the other neighbor it was wrong and when asked about it he called me a thief for stealing the bike when I didn’t

    I don’t feel safe anymore as he’s been watching every thing I do he has even gone as far as to comment on our tv and he’s NEVER been invited into our unit, he down talked me calling me names just because my tv was to big and then went to his daughter and a neighbor complaining about my tv……

    please help I do fear this man very much, he is not normal and I’m not saying this to be mean, he always has nail polish on his nails, his feet are always dyed blood red like he was standing in blood, his patio is littered with garbage, his unit stinks like molding flesh or something rotting I honestly believe he needs to be in a retirement home……I keep my doors locked as he’s been caught walking into our unit without even asking, or standing on our patio looking in that was a few years ago but he seems to be getting worse

    Reply
  41. The father of my baby has ignored my daughter for most of her life, she is six months, he got really nasty during the end of my pregnancy almost threatening me when we talk and scaring me. My daughter was in hospital at 8 weeks and nearly died, his lack of interest and sheer cruelty towards our daughter has disgusted my whole family. My brother wrote to his friends and family on Facebook a few weeks ago to let them know that my daughter has been born and the circumstances over the last few months, hoping that it will make his family a. aware of my daughter b. let them know what a idiot he is. Although my brother only mention what I had told him (the truth obviously) my ex is now threatening to sue my brother. I have been advised to keep my brother away from facebook for the time being and not continue, however can my ex sue my brother when we have solid facts to back up what he sent?

    Reply
  42. Last year I was forced to resign from my position with a municipality, based on offical complaints that were made that I was rude, did not do my job, but nothing in writting was ever materialized. When I asked for them there was none. Also a mistake I had made and took full blame for gave them the push they needed to get me out. Shortly after my leaving the municipality comments were made at a council meeting when they were asked why I was gone, it was said that I was not doing my job, that things were left filthy and uncleaned. Also that I was breaking the law. Which was not the reason they were giving me at the time of my forced resignation. When I tried for umemployment the municipality fought me and I did not get any benifits. I tried for several months to gain employement but somehow when it got to my ex employer, they didn’t need me. 7 months ago I have gained employement in the same field as before. Recently my ex supervisor and the person who replaced me came to my place of work to meet with my current supervisor on issues having nothing to do with me. After that I have been treated different by the people who talked to them. Now I am finding out that my ex supervisor and the other person were telling my current supervisor and another employee that I never did my job, never took care of any of my duties, and that I was just a horrible person. Now I know I can request the taped sessions from the council meeting, but can I summons the people who were told these lies and the people who said these lies? It is starting to ruin my reputation all because I would not put my license on the line for my former employer. They pushed me out of my job, and now after all this time are still telling these lies. What can I do in a situation like this?

    Reply
  43. So my husbands co-worker lied to cps and said he had over heard my husband saying he was going to kill our 3 month old son.. My husband never said this. well cps took my kids in october and are refusing to give them back believe they “believe the hear say” can my husband sue his co-worker?

    Reply
  44. OK. Well we have live at our address for 3 years and recently we have a new neighbor behind us that moved in around December. Long story short this man and his wife keep calling animal control making false complaints about my dogs. I have 4 pitbulls and he has made about 5 or 6 complaints that we are fighting them, breeding, have illegal kennel…etc. I would like to know if I can actually sue them for defamation of character? Animal Control has been out here on each and every complaint and found that I am not in any type of violation and all my dogs are licensed and current on vaccinations. Yet this man still insists that I am in violation. He has actually even told another one of neighbors to complain about my dogs so that they can be removed from my home. Then he told him if he wouldn’t help him that he was going to do whatever it takes to have my dogs removed. He even used different spelling of his name and different numbers for address so that it looks like different people are calling. Please tell me that this is in fact defamation of character?????/

    Reply
  45. Cheryl Rink (senior CPS worker) in Redding,California forced a woman’s family to leave her based on a letter from a repeat Child molestor. That was considered her only investigation. She Forced the family to file false allegations or said they would be put in foster care. She is a real criminal. She is involved with a gang Women’s refuge. They force people to file false police reports and ect.. She may be Korean and they hate Americans. It is time to shut these gangsters down. She puts kids with child molestors. She does not give a damn about the family unit or anything else. She lies on the witness stand too.

    Reply
  46. I’m fighting a telecommunications company at the moment about outstanding amounts owing ($1700+). i canceled my service with them in November 2011 (now June 2012) and they have now sent debt collectors around.
    they have black listed my credit rating.
    does this come under defamation or something else

    this cases is still ongoing.

    HELP PLEASE ANYONE!!!

    Reply
  47. Hello,

    My son has been accused by a detective in our neighbor hood of being a suspect in some break-ins in our neighborhood. He has not done anything and the police have been carousing the neighborhood saying he is a suspect. This is a false accusation as the officer has not even come to me with this. I would like to know if I can sue for defamation of character as this is ruining his reputation in our neighborhood with other children and their parents. I am appalled to say the least; not only have they done this once but twice before. I have had to get a high priced lawyer both times and my son has a clean record. I am really sick of them acusing him of doing things he is not doing, as the juvenile system in Georgia charges children with crimes before they have facts and then you have to pay your way out of them. I am sickened by this as everytime they have acused my son of something he hasnt done it has cost me thousands of dollars. The first time there was an eye witness showing my son did nothing, the second time a grown man beat my child up wanting to know where his daughter was when she was down the street with some guy. The judge was so disgusted with what this grown man did to my son he dropped all charges against him; so because of all of this; when anything happens, my son is their scape goat even though he has not done anything.

    Reply
  48. I worked for a reputable company, no names mentioned, as a charge nurse. When you begin work for such a company they require you to go through training to learn your various responsibilities. During this training, you not only learn your responsibilities as a nurse, you must learn first to be a technician since you are to oversee their work. In order to oversee others, you must first know their job duties and the ins and outs of how to assist in case a situation arises. In any event, the first day I was “shadowing” a technician at this facility, I asked a simple how to question. She quickly snapped at me explaining how to do it and then saying, “I don’t know why the f— I have to train you to do my f—— job, you’ll never be doing this anyway, and besides, in 8 weeks you’ll be telling me what to do when I’ve been doing this s— for 8 years now and that’s BS!” I was left in shock. I began keeping written records of dates and times such events occured with this technician. I immediately reported this behavior to my supervisor who quickly tossed it to the side saying, “just ignore her (with a roll of the eye) that’s just how ——- is she’s hard to get used to and she’ll push you to your limits, don’t let her get to you.” I returned to the “off site school” this company sends you to. I asked one of the instructors who knows this tech well if this was common to her knowledge. She said ,”Yes, I don’t even know why they allow her to train others she’s not nice at all. I’d just watch.” These stories became common practice throughout this tiny facility. Most techs said they just do what they have to in order to get along with her to avoid drama. I continued to tell my boss, who did nothing. I continued to document. Several outbursts toward patients occured on the floor. I informed the boss, with several witnesses I might add, to no avail. This technician went so far as to keep patient information away from me and I again told my boss. She told — that she had to communicate with me since I was in charge. This went on and on and the documentation continued. One day on the floor, I came into the facility and noted a machine was down. I asked if anyone had called to get a repair ticket for the machine. This tech rolled her eyes and said, “its been taken care of.” I noted that she was printing flow sheets as though the system would not be up. I suggested that we not print flow sheets but instead bring another computer over to share terminals to save needless paper charting. She got mad began cussing in front of 15 patients and through the flow sheets into the air. She ran out of the treatment area. I had a staff member monitor the floor and went to my boss with her. She screamed yelled cursed, etc etc etc. Nothing was done. Instead, I was brought into my bosses office to be informed that this tech has needed to go for quite sometime. She used to taunt my now boss when she was the floor charge nurse. She did many many things, but do to nothing being charted she was still working there. I was informed I needed to document everything she did to have proof for HR so she could be out of the company once and for all. I felt like a scape goat. I felt as though I was hired to do what my boss didn’t have the backbone to do. Needless to say I tried going above my bosses head. The guys name lets just use “Sam” was her boss. I asked the secretary for “Sam’s” number which I called on three occasions and left voice messages for him to come to the facility to sit and talk this out. I was not in this to cause anyone to lose their job, that is not in my character. Well, I came to find out that I was calling the wrong “Sam” too late.
    I had been called in on my day off to talk with my boss and this tech. I had called “Sam” the night before, so I assumed “Sam” was secretly going to be there and that my boss was angry with me for going over her head so she wasn’t going to tell me “Sam” would be there. My husband and I agreed I’d be there. When I arrived the next morning I quickly realized “Sam” was not there and didn’t know whether he had gotten his messages from me or not. Needless to say this tech began our conversation by throwing her keys at me, calling me a multitude of very explicit names, and telling the boss where to stick her job. I remained calm not saying a word. My boss and this tech went storming outside through the back room. You could hear them yelling and screaming, more the tech than the boss. After it all cooled, I walked out, told my boss she could have my job. I said, “I am an RN I can find a job anywhere — is a tech and its very difficult to find a job doing that. I told her she has a family and I’d just leave. My boss would have nothing to do with this. I asked the boss for this tech’s keys and asked my boss to not mention this incident to a soul. My boss gave me the tech’s facility keys which I placed into her hand and told her to go back to her job, I’d leave. I asked her if I could tell her a story, she shrugged in an ‘I don’t care fashion’ and I said again, ‘ok’. I told her I have no reason to lie to her or anyone else in that facility. I told her that when I was younger my dad was an alcoholic and he actually loaded a gun with one bullet and held it to my head when he thought I was lying. He told me honesty meant more in life than any other attribute and he’d rather me not be here if he thought he’d created a lier. I had my hand held like a gun just in general conversation because I talk with my hands. I told her everytime I think of lying even though my father’s been gone for 15 years I still feel the coldness of that barrel and that it would take something very detrimental for me to lie. She cried. i wiped her tears, told her I was sorry if I’d angered her in any way. I told her how smart I thought she was and that we could work this out or I would be the one to leave. My boss thought it was over and she still contended that she wanted to call HR on the tech. I contended that I would leave. Long story short. The tech called HR told them I assaulted her by wiping her tears from her face and that I threatened her life with a gun! Despite the fact that my boss said the tech was lying, the tech was immediately fired and it took the company nearly 3 weeks to fire me. They said they had to fire me because they didn’t know how else to handle the situation. I couldn’t use my bosses testimony because she was a colleague, an RN standing up for a fellow RN!
    I went to another company, the first’s competitor, and low and behold the tech was there. She went to them and defamed my character, I was not hired at the facility where I placed my application because the tech told them she “feared for her life”. Keep in mind, she’s twice my size to top it off. They hired me at another facility because they found out bits and pieces from my previous employer and also that the tech had completely lied to get hired. Needless to say Im at a facility out of my way, one that gets no bonuses, is inner city and all the while ——is at a facility that gets large bonuses, is in the suburbs and is very clean and tidy. Im looked upon as though I am a possible nightmare nurse. When I look back, through all the depression and craziness I’ve gone through and listening to people tell me God has a better plan for me, I cant make any sense of any of this. How can one person cause so much hate and pain to someone whom they dont even know. Oh and by the way, “Sam” whom I was calling was the wrong “Sam”. Turns out the secretary had given me the UPS driver’s number…his name is “Sam”. He did call me finally two weeks prior to my being fired (for the first time in my entire life for something I didn’t even do) to tell me he had wanted to call me, but kept forgetting.
    Talk about being targeted from the get go.

    Reply
  49. My exhusband owns a home which i live in an appt. over the barn and daughter,the house. My name is still on deed because I have not signed quick claim and he has not refinanced to get my name off as well. My daughter is having finanical hardship so my ex. is evicting both of us. His new wife posted the property on craigslist for sale and went on to say that the place is rented and the tentents are living like pigs. Is this defamation of C.?

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  50. I have a sister in law who claims my late brother took his life due to child abuse and wrote this in a tabloid story on the internet. I grew up with him and this is totally false about my family. She claims in her written interview that he had a great deal of abuse when he was a child that he never really got over. This is blaming my Mom and Dad and it’s totally false. But my Mother is deceased and my father has dementia now and she knows that! Can I bring this case to protect my family name? Other family members knows this is not the truth also!

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  51. I am wandering if I can sue my mother in law for decimation of character if she called my children’s school and told them a bunch of lies which caused cps to be called. They found it unsubstantiated and dropped the complaint due to them finding out everything was false. She did this because we advised her that the children can’t come to her house due to safety reasons. She even admitted to calling the school. I now feel uncomfortable talking to the school due to this as I just feel like they look at us as incompetent parents but we need communication. I also can’t even get comfortable due to feeling as if I gotta look over my shoulders all the time

    Reply
  52. My boss constantly refers to me as “crackhead”,”dope fiend”, “pineapple” , “bevis and butthead”. Now I’ve realized coworkers are also starting to make comments also. It’s at the point where I’m embarrassed to show up for work. It’s making me very self concise and insecure. Whenever I’m at work now people are always making comments and teasing me .. Please give me advice on what actions I should take.

    Reply
  53. My son was accused of raping a girl in our home. She made it all up and has told people that she lied about it. She was never in our home at the time this supposedly happened. The detective said that charges will be dismissed and they will be looking at going after her for falsifying a police report. Can we sue her for liable or slander or defamation of character? They were both 14 at the time.

    Reply
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  55. I have a question for you lawsuit experts. If a woman was pushing her baby in a stroller in the park and a man was jogging by, stopped, looked into the stroller, and said, “Wow that is one ugly baby!” Would the woman be able to sue? If yes, what damages would she seek? If not, explain why not.

    Reply
  56. I have a question. Long story short my son is 20 years old now and he carries my husband s name. He is a junior. Although we lost our parental rights to him he still goes under my husband s name. He is an up and coming rapper and we don’t want him to use my husband’s name. What can we do.

    Reply
  57. I am a state employee in Hawaii. Recently, a woman I do not know contacted my employer and accused me of making racist comments on facebook. She took a posting for a mainstream media source which I posted a reply to and after taking my statement completely out of context, contacted my employer with a printed copy of the website while covering up her own statements/responses. As a Supervisor over Social Workers and a recognized expert in my field, her actions caused me damages due to her attempts to get me fired as well as slander me.
    Do I have a case?

    Reply

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