liable by a minor at my place of work

[dani]

What is the name of your state? MD

I was wondering what the law is regarding Libel when it is committed by a minor. There was a written complaint by a teenager where I work that I spread rumors about her (the people she claims told her this deny it and will state that it is untrue; in fact she even told someone that a person other than myself inquired if the rumors were true or not then she changed her story to state that I was spreading them). Her complaint also listed as facts a number of other things that I had supposedly said or done which were not true and had nothing to do with her. I believe an adult who has tried to convince other people to make false complaints against me and has made some herself, influenced her in this. The letter was given to my superiors and I am required to address it and basically prove my innocence. It has certainly affected my reputation. I am self employed and therefore my reputation is my career. I am getting written statements to prove the allegation about her is false. Also some of the allegations constiture defemation per se based on what I have read which means the burden is on the defendant to prove the statements true rather than on me to prove them false if I am understanding the law correctly.
What are my options in pursuing this?

 

[Zigner]

What are your actual damages?
That is the amount you can sue for.

 

[dani]

What are your actual damages?
That is the amount you can sue for.

I am self employed and independant contractor so my reputation is the basis for how much work I get and therefor how much income I make. The defamatory letter was given to the owner of my place of business and has been spread around to potential clients. Some of the statements that had nothing to do with the minor were about me professionally. The laws state that statements that affect your professional reputation can get financial compensation.

 

[Zigner]

I am self employed and independant contractor so my reputation is the basis for how much work I get and therefor how much income I make. The defamatory letter was given to the owner of my place of business and has been spread around to potential clients. Some of the statements that had nothing to do with the minor were about me professionally. The laws state that statements that affect your professional reputation can get financial compensation.

So, how do you measure how your professional "reputation" is affected? Answer: You prove a financial loss. So, as I said...what are your actual damages? That's what you can sue for.

 

[quincy]

A court decides whether the defamation is libelous per se. Sometimes words can have two meanings, one innocent and one damaging, and it is up to the court to decide in what sense the words were understood.

Compensatory, or general, damages can be granted for injury to reputation, and special damages can be awarded for specific pecuniary losses, and punitive damages can be awarded as punishment for especially "careless libel". Compensatory damages are impossible to fix exact amounts on - this would be up to a court to decide how much injury to your reputation occurred and then the court would place on "value" on it. Pecuniary loss is more definable - these are the actual losses suffered that can be measured in the loss of real income. Damages above and beyond general damages and pecuniary damages are called punitive damages, and are used to "punish" the perpetrator.

Libel suits are time-consuming and expensive to bring. You should be able to show how the defamation has affected you in your occupation. Written and oral testimonies are a good way to prove the falsity of the statements made. I would balance your potential losses, however, with the costs involved in bringing suit. Damages awarded may not cover the cost of litigation.

 

[las365]

I'm confused because you say you are self-employed and an independent contractor and then talk about the owner of your place of business. Wouldn't that be... you? Then you say:

The letter was given to my superiors and I am required to address it and basically prove my innocence.

It may be beside the point, but are you an employee or aren't you?

What i really don't get is how a complaint about gossip-mongering is getting so much play in a professional workplace. It would help to have an idea of what it is you are being accused of, because it is apparently something that the company feels should be taken seriously.

 

[dani]

I'm confused because you say you are self-employed and an independent contractor and then talk about the owner of your place of business. Wouldn't that be... you? Then you say:


It may be beside the point, but are you an employee or aren't you?

What i really don't get is how a complaint about gossip-mongering is getting so much play in a professional workplace. It would help to have an idea of what it is you are being accused of, because it is apparently something that the company feels should be taken seriously.

I am an independant contractor that requires the use of a specific facility for my services. My clients pay me for my service and the location for use of thier space. The owner has the right to decide who can and cannot use the facility as well as which independant contractors are supported by the location and therefore receive more business.

While the letter was signed by the minor I have strong reason to believe it was actually written by an adult who has a longstanding history of trying to cause me problems at my place of work (I posted earlier about her. She seems to have a way of making sure all her harrassment and accusations don't meet the requirements for legal recourse). The letter claims I spread some stupid gossip about the girl (I have letters from the supposed sources to prove otherwise). The larger issue is the letter lists a number of other things that I have supposedly done including spreading that one of my coworkers, a friend of mine, had a drug problem, that I was innapropriate in my interaction with children in my work (this was rather vague but I think it just meant I was mean), and spread unspecified rumors about another minor. The interesting thing is this adult had apparently tried to get this other minor to write a complaint against me and she refused; I still have no idea what it was for but I am sure it was false.

For whatever reason they took this complaint seriously, possibly just to be safe.

 

[Quaere]

I was wondering what the law is regarding Libel when it is committed by a minor.

I’ve never seen any distinction made between a

There was a written complaint by a teenager where I work that I spread rumors about her

Let’s stop right there. A complaint written to an employer about a co-worker, would be privileged. If there is NO factual basis at all for the allegations, the kid made, you might be able to convince the court that the report was made strictly out of malice and in that case there is no privilege.

(the people she claims told her this deny it and will state that it is untrue;

So it’s her word against theirs and both have good reason to lie.

in fact she even told someone that a person other than myself inquired if the rumors were true or not then she changed her story to state that I was spreading them).

That was a clear as mud.

Her complaint also listed as facts a number of other things that I had supposedly said or done which were not true and had nothing to do with her.

And are these reported allegations defamatory per se?

I believe an adult who has tried to convince other people to make false complaints against me and has made some herself, influenced her in this.

Believing it is one thing and proving it another. Unless you get the kid to crack, I don’t see how you will prove it.

The letter was given to my superiors and I am required to address it and basically prove my innocence.

I would diplomatically inform my employer that the allegations are false but that I am not willing to give a more detailed response to a second hand complaint. You should not dignify such a complaint and you are surprised your employer has asked you to do so. For the same reasons it is wrong for management to address a complaint that bypassed the chain of command, it is wrong for you to address this complaint. In other words, I would be carefully indignant.

It has certainly affected my reputation. I am self employed and therefore my reputation is my career. I am getting written statements to prove the allegation about her is false.

Again, what are you talking about? Allegations against whom? I thought the allegations were against you.

Also some of the allegations constiture defemation per se based on what I have read which means the burden is on the defendant to prove the statements true rather than on me to prove them false if I am understanding the law correctly.

The party that can or should be able to prove the truth of the allegations is the one expected to do so.

las365: OP is a private contractor. For example, a private eye is usually self-employed. If I hire him, he works for me and though I am not actually his “employer”, he will certainly deal with me in that capacity.

OP: I just saw your last post. Is the teen-ager that complained an employee of this place or is she an inmate/student/etc.? In any case, if she merely claimed that you have been gossiping about herself and others, that is hardly defamation.