slander in the corporate workplace

[inetsales1]

TEXAS

My daughter went to an opthamologist due to an ever increasing discomfort and blurriness in her left eye. The doctor identified the problem as an inflamed optic nerve and referred her immediately to the ER where she received a spinal tap and MRI. She was given an iv of steroids for three days in the hospital, missing work and school. Upon her return to work there are rampant rumors that her absence was a result of being hit by her boyfriend. These rumors are not correct and I am without doubt that her boyfriend would ever even consider he striking her.

Don't get me wrong. I know parents are often the last to know about many things in a child's life but let me state what I do know.

This young man is a hard working, patient, concientious, understanding, mature and christian person who has been such a blessing for our entire family. Every member in his family has been wonderful and welcoming to my daughter and we appreciate them very much.

The diagnosis was NOT consistant with any trauma and she has never ever come home with any bruises or the such. We overhear candid conversations between the two and they openly seek the advice of his parents and us regarding how their schedules affect each other or where they each will go to college, etc.

In short, what I want to do is make sure that all involved understand that this young man should be reverred for his ethics and not slandered and that my daughter not be accused of being stupid enough to have a relationship with anyone so immature and unhappy that they would cause harm to another.

Can I get a letter from the ER Doctor, Neurologist, Family Physican and Opthamologist stating that her condition was not a result of such an accusation?

I believe these accusations are harmful to both of them immediately because candid opportunities and promotions may be slip by because of the negative context placed on each of them.

The management at her work are even making these statements. How do we serve them with the evidence and put them on notice in order to silence these false accusations?

Can they be sued for not stopping this?

 

[swalsh411]

How old is your daughter and how old is her boyfriend? My response will depend on your answer.

 

[cyjeff]

Well, they are, right now, talking about college.

I am guessing that long term impact on their careers may be a vast overestimation.

 

[quincy]

You cannot sue for defamation because you have not been defamed, although I can understand your concerns over the false accusations being made about a young man for whom you seem to have a great deal of affection.

Your daughter can also not sue for defamation (although she could, and probably should, speak to the management at her workplace to address the gossip). Stating or implying that someone is "stupid" for dating or associating with an individual of "believed" questionable character is not defamation. It is opinion.

Only your daughter's boyfriend, whose character is being called into question with the false accusations of abuse, can sue for defamation.

From what you have posted, I am not sure that, at this time, it will be worth pursuing this matter in court. Although accusing someone falsely of committing a crime is considered defamatory per se and reputational injury is presumed, unless the rumors and gossip have caused your daughter's boyfriend to already lose legitimate "candid opportunities and promotions" (and not imagined possible future opportunities and promotions) or he can show he has suffered some other injury to his reputation as a result of the gossip (a shunning, an economic loss, emotional distress), any damages awarded on presumed injury alone would probably not be enough to justify the time, effort and costs that must be incurred in bringing suit.

If the boyfriend is worried and expressing concern over the gossip, however, he should probably run his situation by an attorney in his area. The attorney can go over with the boyfriend all of the pros and cons of filing suit, and discuss with him what other legal options may be available (ie. cease-and-desist letters sent to those spreading the rumors, for instance).

A person has one year from the date of first publication of a defamatory statement to file suit in Texas, so the boyfriend may wish to wait awhile, to see what sort of hit his reputation has taken. He can perhaps judge better then whether taking any legal action against the gossipers makes sense.

If your daughter wishes to obtain a doctor's report stating the cause(s) of her eye problem, she could certainly do that (and if she is a minor, you could). The cheapest, and potentially just as effective, way for everyone to deal with the gossip is to tell the gossipers the truth, inform them that slanderous comments are not appreciated and should cease immediately, wave the doctor's report in front of their faces if you want, and then leave it at that.

Continue to enjoy your relationship with your daughter's boyfriend, let your daughter continue to enjoy her relationship with her boyfriend, and before long I imagine the gossipers will find something else to gossip about.

Good luck, inetsales1.

 

[inetsales1]

she is 18, he is 21

I want to thank those who have given constructive remarks. I am not out to sue anyone but wish those who wag their tongues carelessly to be served notice.

 

[cbg]

You will never, ever, ever, stop gossip. It is a part of human nature and you would have to change the entire human condition for that.

 

[inetsales1]

to cbg

Your Wisdom is profound. Maybe we should stop punishing for any crimes that will never stop.

 

[quincy]

That is not exactly what cbg said, inetsales1.

cbg is correct that you can never stop gossip. People have always gossiped and they always will.

If the gossip crosses a legal line and becomes defamatory speech, however, then you can deal with it in a legal way by suing the gossiper.

 

[inetsales1]

My apologies to cbg and thank you Quincy.

I want to thank everyone for their feedback, this forum is a great place and many are helped here, I'm sure. This was my first time here and you have a helped me.

I have never sued anyone though I believedI have had the chance. I know the gossip thing goes on and we have to pick our battles. I have seen so much dirt dug up from people's past which affected them in dispute or opportunity later in life. Sometimes false, sometimes true and sometimes the person has become anew. Many of us make enough mistakes that we dont need any fabricated negatives.

Thank you all and God bless.