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What kind of defense do I have available?

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Peggyhernandez7

Junior Member
What is the name of your state (only U.S. law)? Florida

I am a nurse, and an ex-patient and I became good friends. He was interested in me, but I only wanted friendship, because I have been happily married for 24 years. He agreed to keep it platonic. A few months ago, he became jealous and upset with me. He went to my superiors at work and told them that I had accepted money from him and gifts. He tried to get me fired. I ended up getting suspended for 5 days without pay, and a reprimand in my file (luckily for me, I didn't get fired.) I never had any personal contact with him as a patient. My facility was not understanding about it, and the policy is very vague. He also went to my husband and told him I was having an affair with a coworker (which I am not). This caused quite alot of problems between my husband and I. All his allegations were proven wrong to my husband. Now, he has decided to take me to small claims court to sue me for using his credit card (he had me put on his account). He gave me permission to use his card, and never asked me to pay him back. Whenever I offered to make payments, he refused the money. He is currently stalking me everywhere. He is always watching me, at home, at work, at the bus stop.

Do I have any recourse? Can I countersue him for the 5 days of pay? Can I sue him for defamation of character or slander? I tried to get an injunction, but the court will not grant it, because he hasn't tried to hurt me. He just likes to watch me, apparently. What can I do? I need an answer soon. Thank you for listening.
 


Mass_Shyster

Senior Member
It's possible you have a case for defamation. Your loss of wages constitutes damages, but it will probably cost you more in attorney fees than you would recover.

An alternative would be to contact a local attorney and have a cease and desist letter sent, threatening legal action.

As far as the small claims case, your defense is simply that you were an authorized user of the account and he refused reimbursement.

ETA: If you can get a copy of the record from you employer stating that he claims you accepted gifts, that would also be evidence that you could use in the small claims court.
 
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divona2000

Senior Member
...I am a nurse, and an ex-patient and I became good friends...I ended up getting suspended for 5 days without pay, and a reprimand in my file (luckily for me, I didn't get fired.)...he has decided to take me to small claims court to sue me for using his credit card (he had me put on his account). He gave me permission to use his card, and never asked me to pay him back. Whenever I offered to make payments, he refused the money....
It's possible you have a case for defamation. Your loss of wages constitutes damages, but it will probably cost you more in attorney fees than you would recover.

An alternative would be to contact a local attorney and have a cease and desist letter sent, threatening legal action.

As far as the small claims case, your defense is simply that you were an authorized user of the account and he refused reimbursement.

ETA: If you can get a copy of the record from you employer stating that he claims you accepted gifts, that would also be evidence that you could use in the small claims court.
You made a big mistake using this man's credit card...but you already know that...so as an LPN with over 30 years of experiance, and no previous disiplinary action or reprimands on your file, you need to follow Stevef's advice, contact an attorney, your good record may make it worth a suit.
 
While the above two responses make sense, one thing YOU need to do is look at his ability to pay damages. There would be little sense in suing him for slander if he can not pay.

If it isn't too late to add this as a counter claim, you might add the slander (defamation of character) as a counter-claim to his claim instead of going to a civil court.

And yes, you may use the 5 day suspension as damages. BUT, you will need to subpoena your personnel file and not too many employers like that.

One thing to remember though, if you used the credit card for YOUR benefit, then the court might very well decide that the credit is a loan and must be paid back.

Good luck.
 

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