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Is this Libel?

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ecchy

Junior Member
What is the name of your state? Ohio

I was an employee of a public entity for 13 years. My Superior asked me to engage in criminal activity (he was convicted of felony Medicare Fraud in 1987). I decided to come forward because I didn't want wrapped up in anything illegal.

I made formal allegations to the Public Officials that oversee my Superior. I became the third to do so over a 7 year period. The same Officials were in office during all three. Unfortunately, the Officials had a bigger role than I knew. That explains why, of the three to come forward (one in 2001, 2005 and 2007), two were terminated (including myself) and the other was nearly terminated (former second in command).

Needless to say, no investigation or action took place any of the three times.

When I made my allegations, I had plenty of evidence to back up my claims, but the Board refused to meet with me or discuss them.

A story ran in the local newspaper and on the news; during which time, the Chairman of the Board acknowledged that no investigation was done because the Board found the allegations to be "old news." They sent me a letter to the same affect. While speaking on the news, the Chairman said, "We find the allegations to be old news." He said, "The Board's been well aware of them because they've spanned over a few years." He said, "That's why we felt no in depth investigation was necessary. The allegations are simply untrue and the person that made them (he named me) is just mad because he didn't get promoted (a year prior)."

Less than a month later, that same individual was quoted (in the newspaper) saying that the Board "did an in-depth investigation and every allegation was found to be completely false and baseless." He again stated that I was just mad about the promotions last year.

The problem is, they never investigated anything. They admitted it in other papers, on the news and in a letter written to me. Plus, I made requests to meet with them and show them the evidence that I had, which would support all of my claims. They refused to meet with me and never saw a single piece of paper I had. The intentional deceptive claim (that an investigation was done and every allegation was found to be false and baseless) has cost me my career (they fired me [I'm pursuing the termination of course]); ruined me financially and has had a profound affect on my family and I. My credibility was shot and suddenly I was tagged as "a disgruntled employee that made up allegations out of anger." I've been shunned by former friends, members of the public, my former employees, the environment became very hostile, etc.

Since they wouldn't investigate and chose to use politics to cause my credibility to be called into question (making my allegations less believable), I forwarded the allegations and evidence to the appropriate authorities. The investigation is ongoing and I know that once all is said and done, I'll be vindicated (when my allegations are proven true). But that does nothing for my family and I in the interim, nor does it fix the emotional and psychological trauma that losing my career (that I've put every ounce of blood, sweat and tears I have into); losing credibility, being humiliated, publicly ousted, had my integrity and honor called into question, etc...

I can prove every one of my allegations true and can prove no investigation was done.
Having said that, If I proved them, would making the claim; (every one of my allegations was found to be false and baseless after a thorough investigation), amount to Libel on the part of the Chairman? It was printed in the newspaper, was not opinion based and was without question, an untrue statement of fact that had a dramatically negative impact upon my family and I.

Thanks for your time. Any answer and/or advice would be greatly appreciated.What is the name of your state?What is the name of your state?
 


quincy

Senior Member
Yes, the comment made by the Chairman, and quoted by the newspaper, is libelous if false. If you have evidence of its falsity and proof of reputational injury that has resulted from the Chairman's comments, you have a good basis for a defamation action.

I would consult an Ohio attorney well-versed in defamation law. Review with him/her all of the facts of your case. Defamation actions are expensive, but it sounds to me like you have good reason to pursue one.

The statute of limitations for bringing a defamation action in Ohio is one year. You must file a defamation suit within one year of the time you were first defamed (or, in some cases, first learned of the defamation). If it is getting close to that one year deadline, you will probably want to file for an extension. The attorney you consult will be able to assist you with this.

Just curious: Did the papers who ran the story and quoted the Chairman ever contact you prior to publication for a response to the statements made?
 
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ecchy

Junior Member
Response to Quincy's Question

Thank you for your response! I had no idea about the statute of limitations, and as you noticed, I am getting close. I only have until September.

What "type" of sub-specialty should I be looking for in my search for an attorney versed in libel law?

You asked a question:

"Just curious: Did the papers who ran the story and quoted the Chairman ever contact you prior to publication for a response to the statements made?"

Funny you should ask! The answer is: NO

I had no idea that the board spoke spoke with the reporter; moreover, I was at the meeting (when the Chairman was interviewed) and no one approached me.

A day after the report ran, I called the reporter to ask the same question. He offered no explanation, other than, "I wrote what I was told and have no obligation to get a rebuttal."
Furious (but professional), I explained the damage he had just done by printing the article without providing me an opportunity to rebut. I told him that when the truth comes out, he'll have no one to blame but himself. I believe in karma.

The heading of the Article said (in large bold letters): "Firefighter Miffed over Promotions."

The writer gave his narrated version of my formally "written" allegations, but his narrated version was inaccurate. He listed allegations that I never made; things that were far more petty than the actual allegations. It was obvious he'd not seen the actual allegations letter.

Adding insult to injury, the writer wrote, "At the Township's meeting, (my name) told the trustees they hired the wrong person for Assist. Chief, he said he should have been tabbed for the job." He was NOT quoting a source when he wrote it. The problem is; I never said that. I have at least eight witnesses (present at the meeting) that can attest to the fact that it was never said. Those words were never uttered out of my mouth. I've never even used the word "tabbed" in regards to employment. What myself and other supporters said was, the the Board of Trustees hired (as Asst. Chief) a man that didn't even have the minimum state required fire training (or EMS) and once hired, he had to be sent to the entry level fire academy and EMT school on the tax payers dime. The Asst. Chief's position is not an administrative position. They hired an electrician (purported related to the Chairman somehow, but I've yet to verify that). In the meeting, I said there were several qualified applicants but they chose one with no qualifications. That's it. The writer literally made that part up. It makes me sound like an arrogant, egotistical A%* and again, a disgruntled employee that's just "miffed" over a promotion that occurred a year prior.

I offered him an opportunity to meet with me, hear my side of the story and physically look at the evidence. He set the date and time but never showed. Before hanging up the phone, I reiterated (numerous times) how badly he had injured my reputation, credibility and career. This paper gets a lot more printable material from the township than me, so they chose to "buddy up" and only print one side.

Any info and/or advice would be greatly appreciated!
 

quincy

Senior Member
To locate a lawyer who can handle a defamation action, you can check several sources, including the Yellow Pages, or the Ohio Bar Association, or online (check out the "Find a Lawyer" box at the right, for instance :)).

A defamation lawyer may be listed as such, or practicing under Communications Law, Privacy and Defamation (Libel/Slander) Law, or advertising as a Personal Injury attorney. Many large law firms will have attorneys specializing in personal injury cases and they will often have attorneys with an expertise in defamation law.

You would want to check any biographical information available on the attorney, determine who the attorney normally represents (plaintiff or defendant) and what sort of cases he/she normally handles (mostly defamation would be best), what sort of publicity (if any) is available on any of the cases handled, determine if the attorney belongs to any trial lawyer's association (such as the American Association for Justice), make sure the attorney is in good standing with the state bar association, ask for references and check them out, ask friends and/or relatives for references, ask attorneys you know for references, and then make sure that there is no conflict of interest existing should you decide to hire an attorney (does the attorney or his firm represent the Township, for instance, or the newspaper that covered the meeting).

If an attorney determines you have a really good case, he/she may be willing to take the case on a contingency (fees often range from 25%-40%). Otherwise, expect to spend a LOT to bring a defamation action to court.

You may want any attorney you consult with to carefully review the newspaper reports, not only to check over the statements made by the Chairman as quoted by the reporter, but also to see how the reporter has covered the rest of the meeting in his story. Although there may be no libel action you can take against the paper, accuracy and fairness in reporting is vital - and from what you have posted it seems like this reporter took some liberties with both.

I am always a wee bit leery when one person is quoted as saying something about another person, and that other person is not given the opportunity to reply. This can make for an unbalanced and biased accounting of the facts of a story, and unbalanced and biased can often equal libelous.

Good luck. :)
 

ecchy

Junior Member
Thank You!

Quincy,

Thank you so very much for taking the time to read and reply!

The information you've provided will help me tremendously. At least I have a place to start!
I may have more questions as I go, but you've put me on the right track!

Brian
 

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