Libel and/or slander?

[lempta]

What is the name of your state? Maryland

While at a business dinner with an outside rep, it was brought to my attention that several co-workers were talking about myself and another co-worker amongst themselves and to the rep hosting the dinner. One of the co-workers drafted a handwritten note to another co-worker detailing the dinner event with one of the statements being "Sarah" and "Andrea" sat at the other end of the table. They looked like a gay couple. Another was "Jennifer" was full of wild comments and the rep was laughing all night. This note was faxed to our sister office to another co-worker's attention. It was then torn and placed in the shred bin only to be discovered and brought to my attention.

Is this a libel document from person 1? Did the person who made the statement comment slander?

Thanks for all your insight.
And p.s. I have nothing against being lesbian or gay, but I'm not.What is the name of your state?

 

[cbg]

Have you suffered any damages (i.e., lost a job, been demoted, lost wages etc.,) due to this note?

No? Then you don't have a case for libel.

 

[Quaere]

They looked like a gay couple.

No, it is not libel. This statement alone does not even suggest the individuals are gay. It merely says they looked like a couple because they were sitting together. The writer was expressing an opinion and is free to do so.

There are some situations where a false allegation of homosexuality could qualify as defamation per se and the victim would not have to prove damages.

 

[lempta]

libel and/or slander?

Have you suffered any damages (i.e., lost a job, been demoted, lost wages etc.,) due to this note?

No, I have not suffered any damages. But I feel my reputation has been damaged with this business rep. The only written proof I have of what was said was the "gay" statement, although I know much more was said, I have no written proof. I am sure that this is not the first rep that they have had this type of banter with, but this is the first time I have had some sort of written proof.

This is a situation that has been going on for months. It escalated after I received a promotion and I haven't been with this company as long as most of the others involved in the "character bashing". I am a "go-getter" and the others are content just doing their jobs. And now they are attacking me in any way they can because of the recognition I have received. This is a small company ... apprx. 40-50 employees. About 6-7 are involved in this situation. I brought the letter to the attention of one of the "higher-ups" on Friday, but I just wanted to have some idea of any legal issues that might be involved before Monday morning.

Thanks again.

 

[BelizeBreeze]

of all the problems people bring to this forum you decided to post what amounts to a frikkin' cat fight?

 

[lempta]

libel and/or slander?

Sorry. That was not my intention. I do not have any legal background and was looking for advice of people who did. I know these women are small and I have been overlooking them for months, but with something in writing, I was just wondering if I had any legal standing. No one needs to reply ... but like I said, I have no legal background and was just looking for advice from persons who do. Sorry this turned out to be petty. I will not post again. ... No hurt feelings here ... trust me, it takes a lot more than a few words

 

[cbg]

There are some situations where a false allegation of homosexuality could qualify as defamation per se and the victim would not have to prove damages.

I am aware of that. But this was pretty clearly not one of those situations.

 

[Quaere]

I am aware of that. But this was pretty clearly not one of those situations.

I’m sorry if it sounded like I was contradicting you. I was writing for the benefit of OP and any future readers and wanted to be sure people understand that “no provable damages” does not always mean “no case”.

To Lempta: "Cat fights" can have disastrous consequences. Social sabotage by your co-workers is not something to be taken lightly. Negative rumors can snowball and cause insurmountable problems for the victim. I suggest you address this problem as soon as possible, even if all you do is document the incident and have it added to your file.

My personal reaction would be to take the written note directly to the person who wrote it and ask her about it. I would ask about it nicely as in, "Have I done something to offend you? Because I came across this note and it seems you felt the need to ridicule me. I'm sure you wouldn't have done that unless you were upset with me for some reason and if I've upset you somehow I certainly want to know about it. Why don't we talk about this and try to figure out if there has been a misunderstanding?"

Most people are positively mortified when confronted with their own backstabbing behavior. It is unlikely that such a person will ever again risk having to face you in such a situation. They usually go on to bother other, less assertive types.