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05-30-2006, 08:55 AM
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| |  Libel/Slander Defamation?
What is the name of your state? PA 
At a recent unemployment hearing, the witness for the employer made some disparaging comments about the plaintiff (completely untrue and depicting a criminal act with no proof to back it up). They are now on audio tape and in writing. Does this constitute a libel and/or slander claim? This is a multimillion dollar company and these comments were heard and read by at least a dozen people since this hearing, not to mention spread throughout the company as we have received several calls regarding the statements made.
Can we sue in civil court for this? And if so, how do we go about filing a civil suit in small claims court against them for damages? |
05-30-2006, 11:47 AM
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| | Quote: |
Originally Posted by leeleeblue Can we sue in civil court for this? And if so, how do we go about filing a civil suit in small claims court against them for damages? | You don't. Small claims court is for actual monetary damages. Also, if you want to use small claims court, the value of the damages can't be that damaging. If you want to sue a multimillion dollar company for damages you better hire a good law firm, they will already have one to use for their defense.
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06-10-2006, 03:31 PM
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| | | Opinions voiced in hearings are protected, the only case possible is against the persons spreading this testimony to others, but you will have to have $10-20k for a retainer for such a case.
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06-10-2006, 04:01 PM
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| | | That wasn't an opinion, she voiced it to be a fact. |
06-10-2006, 04:28 PM
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| | Quote: |
Originally Posted by leeleeblue That wasn't an opinion, she voiced it to be a fact. |
Doesn't matter anything said in that hearing is absolutely privileged. There is probably also a qualified privilege for a least some of the co-employees outside of the hearing if the comments were part of an investigation within the scope of employment. |
06-10-2006, 04:29 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
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| | Quote: |
Originally Posted by leeleeblue What is the name of your state? PA
At a recent unemployment hearing, the witness for the employer made some disparaging comments about the plaintiff (completely untrue and depicting a criminal act with no proof to back it up). They are now on audio tape and in writing. Does this constitute a libel and/or slander claim? This is a multimillion dollar company and these comments were heard and read by at least a dozen people since this hearing, not to mention spread throughout the company as we have received several calls regarding the statements made.
Can we sue in civil court for this? And if so, how do we go about filing a civil suit in small claims court against them for damages? | Q: Does this constitute a libel and/or slander claim?
A: No; this testimony is privileged.
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06-10-2006, 05:44 PM
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| | | Ahhh, thanks. I just looked it up (should have done that beforeposting, lol,). She's also been spreading it to other coworkers, but proving that would be damn near impossible. Not only that, this woman is the woman any potential employer calls for an employment reference. We both worked there and I dread putting them down as a past employer. Bleck. |
06-10-2006, 05:54 PM
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| | 2 Epiphany moments in one day, better get a cold one and put your feet up!
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06-10-2006, 05:55 PM
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| | ******************************************..  |
06-10-2006, 06:16 PM
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Originally Posted by leeleeblue ******************************************.. | SHhhhh I am custodian of the FA Crystal Ball
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