Defamation of Character Lawsuit Accused of Being Under the Influence

[Yankee427]

What is the name of your state? NJ

I would just like to get some input on whether there is a defamation of character lawsuit that could be brought up on this or not and if so how this person could go about it.

A friend of mine is very involved in this adult hockey league as a referee and a referee assignor for the games. It is basically an adult league that is recreational that is trying to teach adults that want to play and never played as kids. It goes from levels Beginner, and then normal levels A-D just as some background to this matter. The league is called HNA (Hockey North America). Its basically a league for people that never played ice hockey before becomming adults and they still think the NHL overlooked them.

Now he got an email and phone call yesterday from a representative of the players in the league that the players have talked and they want to put him on probation from doing any games because there is suspicion he has come to games under the influence. Now this has never happened and he thinks they are just trying to kill his reputation so he doesnt ref them anymore since a few players dont like seeing him, because at 10PM he really doesnt want to be out reffing these games, but does it to help pay the bills, as with all the refs who do adult leagues.

Here is the email that was sent to him with all specific info to people's phone numbers and such crossed off:


I have received complaints from various teams that you have come to games under the influence. I was at a game last season where your conduct was supicious. The League Office was also contacted by teams in NJ.




I was instructed by the League Office to have Feliks place you on probation for this and various incidents of overstepping your authority as an official. I understand that the HNA-NY teams have filed more complaints about the same issues.




I would be glad to speak to you. Please call me at home xxx-xxx-xxxx after 7pm.

I will advise you now that I will not give you specific names.


Now he has never showed up to a game drunk and does not know what exactly is meant by suspicious there. He cant really overstep his bounds as an official when the players are threatening his life and swearing every curse word under the sun at him, (which happens pretty regularly after he gives out penalties or makes a call someone doesnt like).

Now would this be grounds for a civil defamation of character suit that they are trying to kill his reputation with something that they have no proof of and has never done? Could he get any money out of this case?

Thanks to any comments anyone has on this matter.

 

[quincy]

Do you, or does your friend, have any idea why so many people apparently think he is "under the influence" at these games? Is your friend on any medications that may make him appear drunk? Does he drink or use drugs of any kind before the games?

The complaints seem to come from a wide variety of people, all expressing the same opinion and concerns, so it is curious.

Until you can answer the questions above, it will be hard to answer your question, but as far as putting him on probation, that is perfectly legal. The League Office can remove him as referee permanently if they want, even if he is a perfectly fine ref, as long as there is not a contract saying otherwise.

 

[Yankee427]

Now, he has been trying to figure out why they are coming to that conclusion and what the league can back up as a reason as to how they came to that. The only answer he gets has nothing to do with drinking and everything to do with his act of being the ref.

He is trying to figure this out and the only answer they gave is a long winded 3 page email on how to be the best ref you can be and how to take control of the game. My friend doesnt mind the abuse that comes with being an official. He has been reffing for 25 years now so he is used to the yelling and screaming and arguing that comes with it.

He thinks they are just using the "under the influence" bit as a ploy to get a quick response and put him on probation so he cant ref any games. He really doesnt care if he is put on probation because he refs for other leagues and they love him so he wouldnt mind keeping doing those games. He thinks they want to get this rumor out so its an easy way to get the news to spread that he is not reffing anymore. He does not use drugs, drink before any games and drives to the games with other refs so they can vouch for him. He is pretty good friends with all the refs he is doing these games with and they could vouch for his character. He does not do anything to make him appear drunk at the games, nor would they smell alcohol on his breath since he isnt drinking before games.

 

[quincy]

Puzzling.

A defamation case is based on many things. Opinion is protected free speech, however, as is truth, and I am wondering exactly where the comments made about your friend would fall.

If the complaints against your friend are flat-out saying he is intoxicated or under the influence when at these games, and your friend is flat-out not intoxicated or under the influence when at these games, then, yes, it is slanderous to say he is. The complaints have affected a source of income for him already, so there is demonstrated injury (unless he is being paid while on probation while the complaints are investigated). A defamation suit against the League, should your friend be fired, could potentially lead to a reinstatement of his position as referee and damages awarded, if your friend could prove that the firing was directly related to the "under the influence" comments and not to his conduct and performance as a referee. This could be difficult to prove.

If the complaints against your friend are saying there is a "suspicion of him being under the influence" while at the games, this could potentially fall under opinion - based on perceptions the people are having of his appearance and/or demeanor at the games. The opinions could be based on calls made or missed that "only someone under the influence" would make or miss - an hyperbole. There is such a fine line between opinion and implication of a fact, however, and I am not sure which side of the line comments like these would fall.

I would suggest that your friend consult a lawyer in New Jersey for an opinion. Have the attorney review the email in its entirety and any other pertinent information. If games are videotaped, it might be wise to review the tapes to see if your friend can locate the source of these perceptions people are having about him.

Defamation suits are expensive to bring and time consuming, and there is never a guarantee that one will win a suit. In the event of a win, damages awarded can often be difficult to collect, which results in additional litigation. An attorney can advise your friend whether any action against this league is worth pursuing.