Slander case?

What is the name of your state? Georgia

I am a young man and I was the manager of a struggling small business for 5 years owned by an older woman who basically dumped the business in my lap and went off on expensive trips with her husband and paid hardly no attention to it, and certainly did not maintain her control as an owner. She wanted me to take over the business so she could retire, but due to the constant competitive struggle to make it profitable, I decided to change careers entirely and pursue other interests.

While there, I managed everything, the business was practically run as if it were mine. I had a corporate visa for use when I conducted company business, as well as a personal company account for items purchased for personal use. I had charged a few personal gifts to the company visa while on a business trip, and I had a balance in my personal account. There was a balance owed when I decided to leave the company and go to grad school. The owner became angry and bitter at my announcement and accused me of stealing because of my personal financial debts to the business. She claimed to "know nothing" about them and got really nasty. I verbally apologized for any personal impropriety, I apologized for leaving the company and not taking it over like she wanted, I paid the woman $1200, what I honestly owed her, and then left for grad school a few weeks later. She accepted the check and cashed it. Two months after I left, she sold out to another store (my recommendation to her actually).

I returned to this city two years later after grad school and I've been very successful for a full year in this new position. Now, three years later, the other day I heard a rumor that this former employer is calling me an embezzler. She has never filed charges, but this rumor has surfaced twice in the last year. I ignored the first source, but 10 months later, the rumor has popped up again. Should I sue her for slander and defamation of character? This rumor could affect my standing in the community and my present job. I would be horrified if a rumor like this made its way to my current company's ears. I'm terrified that there is an outstanding debt that I missed and did not pay and she could have me arrested. To my knowledge, I added up everything outstanding that I owed. The woman will not speak to me, I have tried to communicate with her. What should I do?

just a suggestion

just a thought, but depending on your relationship and standing with your new employer, perhaps you should go to them and tell them what is going on rather than wait for the rumor to reach them by means of an outside source. stop trouble before it starts. As for sueing her, well it is a good idea, However, i believe that you can not sue for defimation of character until or unless actual damages have been done to you in some way. it sucks, but i believe that is the way they work that.
good luck.

If someone is telling others that you have committed a crime, and it is not true, you have Defamation Per Se.

You sound wise enough to have already researched this matter. I was just searching "defamation" on this board and saw your post.

When certain types of lies are told about a person, there is a presumption of damages and you do not have to prove that it has cost you money or any other such damage. The mere fact that you have been wrongly accused of a crime, tells the court that you have suffered.

The statute of limitations is probably only one year. Good luck!

If the description “embezzler” has any truth in it, I do not know whether it does or not, you will have hard time to get a relief, regardless of the extent of the damage you may claim. You will have to convince the jury that this is false and that the damage you claim did really occur. Rumors may not be admissible as evidence in your jurisdiction. You have to prove that she did start it, when (this is critical for the statute of limitation) and whether she repeated it afterward. If others are repeating it ever since she started it, and her initial statement is berried by the statute of limitation, and she has no control on the repetition, the statute in your jurisdiction may not hold her liable. Does this give you an idea about the complexity of your contemplated lawsuit? Ponder on curlisgirl suggestion.

You do not have a case. You claim the rumors COULD have an effect. Till you suffer actual damages, there is nothing you can do.

Racer I gather you are an attorney, and I am NOT. I ask the following with all due respect and a sincere interest in this matter.

Why do you say there is no case here? Are you relying on specific knowledge about Georgia's rules? All of the information I have found regarding Defamation Per Se (and I have NOT looked into the Georgia statutes), indicates that a certain amount of damage is acknowledged when a person's reputation is subjected to Defamation Per Se.

Thanks!

It would be very hard to prove defemation if there has been no harm. If it is only rumors and heresay you would have to have prove she said it and to whom and when. If you did charge personally on a card and not pay it all the rumor has the ring of truth to it no matter the intention and is strictly her opinion that she obviously has a paper trail per the credit card she can back up. You can sue anyone for anything but the chances of winning this one is extremely slim to none at this point.