My husband is being sued for libel and slander by a co-worker, in small claims court for the amount of $5000.
The situation runs thusly: about a year ago my husband, in the course of his duties as head mechanic at a concrete plant, brought a series of violations committed by the plaintiff, to wit, improper maintainance of the company truck assigned to him, to the notice of the driver's (plaintiff's) immediate supervisor.
Apparently there were a number of violations listed in this man's company file and the company decided to suspend him from work for 10 days. At the end of this 10 day period, the driver refused to return to work and instead indicated that he was bringing a Workman's Comp. suit against the company for emotional and financial distress.
In the course of the ensuing investigation, my husband was deposed by a legal representative for the company to help determine if the plaintiff was entitled to compensation. Ultimately, his claim was denied.
Now, the driver is claiming that he was subjected to slander and libel by my husband during the deposition, and that my husband's statements led directly to a loss of a 401K retirement fund, which he is now seeking to regain by suing my husband.
My husband is very upset and concerned. Personally, I don't think this driver has a legal leg to stand on, but goodness knows it's his right to file a motion on any frivolous claim he likes.
Do you think this man's suit bears any merit? Should we be looking for a lawyer?