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libel and slander

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adams3733

Guest
What is the name of your state? NC

I recently discovered a memorandum in my personnel record which I did not know existed. The memo was written by a person senior to me by job title, but not in my direct chain of supervision. The memo is regarding a confrontation between this person and myself which she initiated. Her memo states that I should have been taken for drug screening, and that she was fearful for her safety. (For the record, I barely raised my voice; her inuindo is based her warped sense of self importance).

I too am in a management position. Since the incident, I have been passed over for positions outside my department and removed from various committees, etc. My reputation as a professional has been damaged.

I undertstand libel is the written word. My question: Can I prove libel and slander without her actually stating "she is a drug user". As a manager, training and experience make her statements damaging regardless of their accuracy. This is part of my permanent employement record.

Also, if this is libel and slander and I take her to small claims, how do I decide how much to sue for and how do I prove damage>

Thanks.
 


stephenk

Senior Member
if you believe her actions are so damaging (loss of job positions, promotions, etc), why would you want to limit your case to small claims court?

Consult with a personal injury/employment attorney. Most give free consultations or low cost consultations. Find out all of your options.
 
A

adams3733

Guest
Thank you for your response. To answer your question: I have recently taken a position with another employer. I have consulted an attorney. Apparently, to sue her alone would not be cost effective since there could be no anticipation of an immediate payment in full for any award.

In order to sue her as an Agent of the local County Government, I would have to sue the County. Not very cost effective based on the risks of losing.

That's why I am considering small claims court. The statute in NC regarding libel and slander, are vague with respect to what is considered slanderous and the burden of proof to establish damage. Basically, I'm back to my original questions.

Thanks.
 

JETX

Senior Member
Short answer... no, you cannot file a 'defamation' suit in the NC small claims courts. They only hear issues as to money, the recovery of specific personal property, or summary ejectment (eviction).

If you were to decide to bring a lawsuit, it would have to be in District Court.
 

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