Is it worth suing for Slander?

[lbradley9]

What is the name of your state (only U.S. law)? Kentucky

I was laid off from my job in late January. Within a week after being laid off, someone broke into my old office building. This person did not steal anything and it appears a lock to a door was tampered with, no other damage. The building has video but from what I understand no one can make out anything identifiable about the person who broke in. One of the managers at the building has been telling people I used to work with that it was me. That he is positive it was me. I even had police detectives show up at my house and they told me that this manager stated that it was me. I have been told by other people in the office that this manager even filed paperwork with the company's headquarters stating that it was I who broke into the building.

Of course, I did not break into the building. Is it worth suing for slander? This ruins any chances of going back to this employer if they start hiring again and word of mouth could ruin chances for employment else where in the industry. What do you get if you win a lsnder case and how long does the process usually take?

 

[quincy]

Actually, none of your questions can really be answered based solely on the information you have posted here.

First, there is no doubt that telling others that someone committed a crime is defamatory, if that statement is false. If you did not break into your old office, and your manager has no proof that you broke into your old office, then your manager telling others that you broke into your old office is slanderous.

In some states (I am not sure about Kentucky), falsely accusing someone of a crime is defamation per se and reputational injury is presumed. When injury is presumed, falsity and actual malice do not have to be demonstrated, and damages can be awarded based on the presumed injury. When reputational injury is not presumed, then you must be able to demonstrate that you have suffered reputational injury (ie. through the loss of a job or a job opportunity, the loss of income, a shunning by others in your community) and you must show that the manager defamed you with the requisite degree of fault (for a private-person action, this would be "negligence," or the failure to exercise the standard of care that a reasonably prudent person would have exercised under the same circumstances).

In addition, for any slander action, you need witness testimony to support the fact that the defamatory statement was actually made about you by the person you are suing.

Lawsuits are expensive and time consuming - but I cannot tell you how expensive yours would be or how long yours would take. The answers to those questions depend on many factors - how much your attorney charges, who the manager hires for his defense attorney, how many motions and counter-motions are filed, how many people are deposed, if there are appeals. . . and on and on and on. The more that is required to bring your case to a conclusion, the greater the amount of time that must be expended and the greater the cost will be.

You don't really "win" anything in a defamation action - you are awarded damages to compensate for the injury to your reputation. The damages awarded reflect the amount of reputational injury you have suffered as a result of the defamatory statement being made about you. Awards in a successful suit can range from $1 to several million dollars. Some awards will barely cover the cost of litigation while others will far exceed the costs. Slander awards are generally far less than libel awards, as slander (spoken defamation) is considered "fleeting" and temporary, while libel (written defamation) tends to stick around a while, exposing more people to the defamatory words and resulting in greater reputational injury.

As for whether pursuing a slander action against your manager is worth it, only you can determine that. The best way to determine that is to review all of the facts and evidence of your situation with an attorney in your area who is familiar with defamation actions. Weigh carefully the pros and cons of such a suit.

Good luck.