Slander

[uny2bld]

What is the name of your state (only U.S. law)? NY

I am the Treasurer for a Board of Directors for a not for profit incorporation that educates the public about marine life. We recently had a man who owns a local business tell his customers that we are "pocketing money" (slander)

#1 - he doesn't know us

#2 - I can prove him wrong bc I have all the documentation from the past 5 years

I want to address the matter but several members of the BOD do not want me to. I am willing to step down from the BOD and deal with it myself but I want to know what my rights are.

They say that no member can act in the interest of the nfp without consent but this is my reputation (being Treasurer) and don't I have the right to deal with this tyupe of a situation regardless of what the BOD thinks?

 

[quincy]

What is the name of your state (only U.S. law)? NY

I am the Treasurer for a Board of Directors for a not for profit incorporation that educates the public about marine life. We recently had a man who owns a local business tell his customers that we are "pocketing money" (slander)

#1 - he doesn't know us

#2 - I can prove him wrong bc I have all the documentation from the past 5 years

I want to address the matter but several members of the BOD do not want me to. I am willing to step down from the BOD and deal with it myself but I want to know what my rights are.

They say that no member can act in the interest of the nfp without consent but this is my reputation (being Treasurer) and don't I have the right to deal with this tyupe of a situation regardless of what the BOD thinks?

It looks like you have a choice to make then. Is this something worth pursuing, if the Board of Directors does not want you to?

I suggest you contact an attorney in New York who is well-versed in defamation law to, one, determine if what was communicated about you was, in fact, slanderous (and you will need proof that these comments were made), and to, two, determine if your reputational injuries are sufficient enough to support a legal action against the business owner.

Good luck.

 

[uny2bld]

thanks for the reply. I don't necessarily want to take legal action against the business owner unless he continues to do it after I talk to him about it but the BOD wants to stop me from even talking to him which I think is obsurd

It is my name and reputation so I think it needs to be addressed

The main thing I need to figure out is if I have legal rights to talk to him despite what the BOD wishes are...

 

[quincy]

thanks for the reply. I don't necessarily want to take legal action against the business owner unless he continues to do it after I talk to him about it but the BOD wants to stop me from even talking to him which I think is obsurd

It is my name and reputation so I think it needs to be addressed

The main thing I need to figure out is if I have legal rights to talk to him despite what the BOD wishes are...

You have the legal right to talk to anyone. What the repercussions are of doing so will be discovered if you decide to act against the wishes of the Board of Directors. That is why it is important for you to figure out to what extent you want to pursue the matter against the objections of the BOD.

 

[eerelations]

In other/similar words, you have the legal right to talk to him, and the Board has the legal right to fire you for doing so.

 

[uny2bld]

You have the legal right to talk to anyone. What the repercussions are of doing so will be discovered if you decide to act against the wishes of the Board of Directors. That is why it is important for you to figure out to what extent you want to pursue the matter against the objections of the BOD.

well they are saying it will break confidentiality but I believe that you can break confidentiality when something like this happens (otherwise people wouldn't be able to defend themselves when they are a part of a business and that just doesn't sound right to me)

I am almost positive I can get proof that he is saying those things about us but i would like to simply ask him what he thinks of us and see what he says... He wouldn't know who I am so I have a feeling he'd just spill the beans like he has to many others...

After that, I would like to say something like "do you realize what you are saying is slander"? and then correct him and tell him who we are and what we do. If he apologizes, I'd drop it and if not, I'd pursue...

 

[uny2bld]

In other/similar words, you have the legal right to talk to him, and the Board has the legal right to fire you for doing so.

Ok, I'm fine with that as long as they can't take legal action against me for doing so I am good...

I just didn't know if confidentiality trumped my actions (even though I never signed a confidentiality statement)

 

[mmmagique]

So you're ok with losing your job (that you apparently take a lot of pride in) in order to have a conversation with someone? You won't change his mind anyway. It's best to leave well enough alone. There will always be naysayers and negative people no matter what job you do or how well you do it. Don't let some busybody affect your life in such a major way. It's really not worth it.

 

[quincy]

Ok, I'm fine with that as long as they can't take legal action against me for doing so I am good...

I just didn't know if confidentiality trumped my actions (even though I never signed a confidentiality statement)

If you reveal confidential financial information then, yes, there are legal actions the BOD could potentially take against you. And, of course as has been said, your position as treasurer could be in jeopardy.

In New York, for defamation to be actionable, the statements must either be defamatory per se (defamatory in and of themselves) or there must be special damages demonstrated (a pecuniary loss). If your professional character has been impugned, that generally falls within the definition of defamation per se. If your position as treasurer is a paid position and you are fired, that would be special damages.

As additional proofs, you need to show either negligence in the relating of the slanderous statements to others (if you can be looked at as a private figure) or actual malice (if you can be viewed as a public figure), and these statements were communicated without authorization and without absolute or qualified privilege.

I suggest you review your situation with an attorney in your area, uny2bld, to see what sort of evidence exists of defamation and reputational harm, and to see what hurdles you must overcome to be successful with a suit. If a suit has merit, perhaps the BOD would allow for your attorney to send a cease and desist letter to the business man, warning him of possible legal action that might be pursued against him if he does not stop slandering you.

Although no one likes their reputation to be sullied, sometimes it is wisest to just let idiots tell their tales - most will not be believed anyway.

 

[uny2bld]

So you're ok with losing your job (that you apparently take a lot of pride in) in order to have a conversation with someone? You won't change his mind anyway. It's best to leave well enough alone. There will always be naysayers and negative people no matter what job you do or how well you do it. Don't let some busybody affect your life in such a major way. It's really not worth it.

It's a voluntary (unpaid) honorary position and I feel disgusted that the BOD would allow my credibility to become in question just so they can keep it a private matter… I have worked relentlessly (doing a lot more than just the duties of the Treasurer) but people like to throw their weight around just to feel important I think…

If it were me, I would gladly back a colleague let alone try and stop them from clearing their name…

although, looking from the outside, what you are saying makes sense...

 

[uny2bld]

If you reveal confidential financial information then, yes, there are legal actions the BOD could potentially take against you. And, of course as has been said, your position as treasurer could be in jeopardy.

actually, from what our founding incorporator said, we need to legally disclose financial info to anyone that requests it (if memmory serves me right) in accordinance to GAP laws so I think I am ok there...

This conversation that took place on our local forum was only confidential in the manner that it isn't exposed to the public but i never signed any confidentiality document...

 

[tranquility]

actually, from what our founding incorporator said, we need to legally disclose financial info to anyone that requests it (if memmory serves me right) in accordinance to GAP laws so I think I am ok there...

This conversation that took place on our local forum was only confidential in the manner that it isn't exposed to the public but i never signed any confidentiality document...

You're wrong. Merely being on the board gives you some duties you might violate if you disclose confidential information. You have the fiduciary duties of care, loyalty and obedience. While care may not be implicated, the others would be; signed document or no.

Get over it. At least, get over it without seeing an attorney first. You would be in a bad place if you find yourself in two court cases at the same time.

 

[uny2bld]

You're wrong. Merely being on the board gives you some duties you might violate if you disclose confidential information. You have the fiduciary duties of care, loyalty and obedience. While care may not be implicated, the others would be; signed document or no.

Get over it. At least, get over it without seeing an attorney first. You would be in a bad place if you find yourself in two court cases at the same time.

that doesn't seem right to me that someone can accuse me of something and I would just have to sit there and say/do nothing about it but what you are saying makes sense (as I'm remembering duty of loyalty, etc.)

Thanks to all that replied, it's appreciated

 

[mmmagique]

Good luck OP, I hope things go well for you. Be gracious and forgiving in the face of your enemies. (it will make them CRAZY...trust me)

 

[TigerD]

Good luck OP, I hope things go well for you. Be gracious and forgiving in the face of your enemies. (it will make them CRAZY...trust me)

And they won't expect it when you hit back several years later.

DC