An opinion on the merits

[lawbird]

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

I would like to ask member opinions on the success rate of slander actions.

A few months ago a disabled couple asked a mutual friend of ours if I would be available to perform a home remodeling job at their home. Unbeknownst to me the female homeowner was on probation. I came to a verbal agreement with the homeowners on type and cost of work that would be performed. A few weeks into my agreement with the homeowners the lady homeowners probation officer found out I was the individual performing the work on their home and slandered me to the lady homeowner by stating to her that I was the biggest thief around and I would steal anything from their house I could get my hands on.

Because of the statements made by the probation officer to the homeowner the homeowners severed my work relationship with them.

In the past there has been personal animosity with myself and the probation officers family un related to any crimes. I have never in my life been arrested, charged or even accused of being a thief.

The lady homeowner is willing to testify against the probation officer regarding the comments made now that she is off probation and not subject to his potential retaliation.

If it wasn't for the probation officers comments at the time I would not have lost an already bid job of $2500. Instead the homeowners took the probation officers comments at face value and severed my work relationship because of the possibility I might be a thief.

I have read and understand the elements of slander but am just curious how courts are ruling these days and if I have a case that would win or not.

 

[tranquility]

You would have a better chance to enforce the purported contract made. Are you licensed? Does PA require you be licensed for a job that big?

 

[lawbird]

Slander

No I am not licensed. The work I was performing did not consist of any structural construction or alterations which of course would require certain permits from the borough and licenses on my part. I was mainly doing refurbishing and painting work. Sanding and putting down new anti slip pads on handicap accessible Porch/deck. I was able to complete a portion of the work the homeowners wanted which consisted of tiling a section of their yard, and almost completed the sanding and paint work on their deck. After completing the deck i was going to sand and paint the homeowners garage Before the comments were made. The work i was performing was a word of mouth contract. I wouldn't be so much interested in enforcing the contract as I am in forcing this probation official to realize he cannot make disparaging and slanderous comments with impunity.

 

[quincy]

No I am not licensed. The work I was performing did not consist of any structural construction or alterations which of course would require certain permits from the borough and licenses on my part. I was mainly doing refurbishing and painting work. Sanding and putting down new anti slip pads on handicap accessible Porch/deck. It was basically a word of mouth contract that was destroyed because of the idea that was placed in the homeowners head that I might steal from them. I wouldn't be so much interested in enforcing the contract as I am in forcing this probation official to realize he cannot make disparaging and slanderous comments with impunity.

I suggest you run all of the facts of your situation by an attorney in your area to see if a suit would be worth pursuing.

The success of a slander suit, or of any lawsuit for that matter, depends on several different factors and the specific facts. Suits with merit can be won; suits without merit won't be won.

I see that you might have problems with proof of slander and collecting damages enough to make it financially worth it to sue.

Good luck.

 

[tranquility]

I think there are two problems. The first is damages. If you had a contract and didn't demand they other party fulfill it, you didn't mitigate your damages. (That is if you had a right at all. I don't think your facts would form a contract in my state.) The second is that you are dealing with a communication between a parole officer and his parolee. That may very well be protected. Besides, he may not of had to give a reason at all. He may have just been able to order her to stop being around you. If so, there is, again, little or no damages.

I don't think there is much that can be done here.

 

[lawbird]

Thank you all for your responses. It gives me something to think about. I have placed a few calls to local attorneys but haven't heard back from anyone yet which is what probably led me to ponder filing a complaint pro se. As you know pro se complaints are very difficult to manage and litigate without having help or extensive knowledge on the subject matter and rules of court. I still have a few months to continue researching and pondering whether I should litigate this matter. Once again thank you for responding and giving me other opinions besides my own.

 

[quincy]

lawbird, for a slander action, what you must prove to be successful is that there was a defamatory statement made about you to someone who understood the defamatory meaning of the words, and that the communication to this third person resulted in demonstrable harm to you. See 42 Pa. C.S.A. Section 8343.

There is no doubt that being falsely labeled a thief is defamatory. Losing out on the $2500 job demonstrates both economic harm and reputational injury. In addition, in Pennsylvania, being falsely accused of a criminal offense is considered defamatory per se and reputational injury is presumed. Damages can be awarded on this presumed injury alone (although these damages tend to be nominal).

If you decide to go pro se, the following link may help guide you: http://www.pawd.uscourts.gov/Documents/Forms/PROSEman.pdf

You may also wish to look for some assistance at a legal aid or legal services clinic in your area. They are sprinkled throughout Pennsylvania. If you live near one of Pennsylvania's law schools, you could also find some help there.

Based on what you have written, it appears you have an actionable case. The question is whether it will be financially worth it for you to pursue an action. It might be if you go pro se, but defamation cases are not easy to handle on your own. I hope one of the attorneys you have tried to contact gets back with you.

Once again, good luck.

 

[tranquility]

Thank you all for your responses. It gives me something to think about. I have placed a few calls to local attorneys but haven't heard back from anyone yet which is what probably led me to ponder filing a complaint pro se. As you know pro se complaints are very difficult to manage and litigate without having help or extensive knowledge on the subject matter and rules of court. I still have a few months to continue researching and pondering whether I should litigate this matter. Once again thank you for responding and giving me other opinions besides my own.

Do you do this work regularly? How much have you earned doing it in a year?

 

[lawbird]

If you decide to go pro se, the following link may help guide you: http://www.pawd.uscourts.gov/Documents/Forms/PROSEman.pdf

You may also wish to look for some assistance at a legal aid or legal services clinic in your area. They are sprinkled throughout Pennsylvania. If you live near one of Pennsylvania's law schools, you could also find some help there.

Based on what you have written, it appears you have an actionable case. The question is whether it will be financially worth it for you to pursue an action. It might be if you go pro se, but defamation cases are not easy to handle on your own. I hope one of the attorneys you have tried to contact gets back with you.

Once again, good luck.

Thank you for the link. I will place a few calls this week and try to find an attorney to discuss my case and how much it would cost to litigate. If it does seem costly to hire an attorney I might file an action pro se, I have no problem sticking up for myself.

 

[lawbird]

Do you do this work regularly? How much have you earned doing it in a year?

Tranquility, I was out of work for almost 2 years on kidney dialysis and when I did start working again I wasn't able to hold full time employment due to ongoing medical issues so I began doing remodeling, paint work etc on my own so I was able to work at my own pace. If I were to add up how much I earned it was not much and would probably be under $10k. These word of mouth jobs was my only job and source of income at the time.

 

[tranquility]

Tranquility, I was out of work for almost 2 years on kidney dialysis and when I did start working again I wasn't able to hold full time employment due to ongoing medical issues so I began doing remodeling, paint work etc on my own so I was able to work at my own pace. If I were to add up how much I earned it was not much and would probably be under $10k. These word of mouth jobs was my only job and source of income at the time.

I feared that may be the case. http://www.attorneygeneral.gov/hic.aspx?id=4339#Who_is_a_home_improvement_contractor?

Who must register under the law?
Anyone who owns or operates a home improvement business or who offers, performs, or agrees to perform home improvements in Pennsylvania must register with the Office of Attorney General unless they fall within two exceptions: small contractors (less than $5,000 of work in a calendar year) and large retailers (net worth or more than $50 million). All contractors, including self-employed contractors and sole proprietorships, subcontractors and independent contractors, and corporations, partnerships and all other types of business entities must be registered, unless they fall into the two exemptions above.

What if a contractor fails to register?
Any home improvement contractor who is not registered is prohibited from offering or performing home improvements. The failure to register is a violation of the law and unregistered contractors face legal action, including civil penalties of $1,000 or more.

 

[quincy]

Thank you for the link. I will place a few calls this week and try to find an attorney to discuss my case and how much it would cost to litigate. If it does seem costly to hire an attorney I might file an action pro se, I have no problem sticking up for myself.

I think trying to locate an attorney to review all facts, lawbird, would be smart. Pennsylvania has a lot of free and low cost legal services available throughout the state.

At the same time you go over the merits of a defamation claim with an attorney, you can inquire about the need for you to register your home improvement business. You could very well fall into the first exception listed by tranquility.

Good luck.