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tumbleweed01

Guest
What is the name of your state? NC
My ex-boss has accused me of telling his wife of an aledge affair he has had with another employee. The things that he has said was told to him are not true and he is going to sue me for slander. :confused:
 


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dbroom

Guest
I would not be to concerned about his threats of a lawsuit. He would need signed Affadavits from several witnesses in order to establish slander. I really don't believe a court would just take him and his wifes story without any type of evidence.
 

JETX

Senior Member
Sorry, but 'DBroom' needs to be swept out with the other trash.

Though I agree that it is unlikely for this person to actually file a suit against you, there is NO requirement that affidavits be obtained.

The ONLY question you have is whether what you said was true or not. If it is true, it is NOT defamation (truth is the ultimate defense against defamation). If your statements were false and you made them knowingly and caused damage to the persons reputation then you statements were (very likely) defamation.
 
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tumbleweed01

Guest
truth

what i told her was the truth and nothing but the truth. i think he is trying to just scare me. the only thing he has told me is that he has recorded messages from her naming me as the person that has told her all this other stuff. i know someone is lying but it isnt me.
 
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dbroom

Guest
JETX,

I never stated that an Affidavit was a "REQUIREMENT". I believe you mistakenly read something into my statement that wasn't there. If you continued reading past that statement, you would have seen I stated, "I really don't believe a court would just take him and his wifes story without any type of evidence."

Try proving a defamation of character case without witnesses or proof. Just simply showing up in Court and making allegations will send the Plaintiff home a loser. Since I didn't figure the guy would want to drag several people into Court, signed Affadavits was an inference of what his employer would need to provide to establish any type of defamation.

I will overlook the name calling as I learned a long time ago that some people feel the need to try and discredit others with childish cheap shots only to build their own credability.

Have a great day.
 
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krispenstpeter

Guest
Tumbleweed, while Jet is sweeping out the trash let me give you some advice. Or better still, answer the question you never asked.

Yes, your boss can sue you for defamation. However, as Jet also said, truth is the ultimate defense. The problem for you would be in proving that your statements were true.

So, in the worst case anyone can sue anyone over just about anything and if there are actually tapes of your statements the plaintiff has proof that the statements were made. You will then need proof that the statements were truthful to defend against a case of defamation.

Now, back to the facts of your case. What your boss has is heresay at best. Not only would he be need to have his wife testify that you made such statements, the OTHER element of defamation which Jet also gave you would require that he PROVE he has suffered damages.

On the surface it sounds exactly as you guess, a case of intimidation on the part of your boss. HOWEVER, I would advise in the future that you keep your mouth shut in a similar situation.

As you can see, it only opens you to legal recourse and while you may always have a defense, do you really want to spend the money, time and effort continually proving your defense in court?
 

JETX

Senior Member
dbroom said:
I never stated that an Affidavit was a "REQUIREMENT".
*** Another clear lie..... or more of your 'legal confusion'??

You said:
"He would need signed Affadavits from several witnesses in order to establish slander." (emphasis is mine)

need, noun
1. A condition or situation in which something is required or wanted.
2. Something required or wanted; a requisite.
3. Necessity; obligation.
4. A condition of poverty or misfortune.

Are you still saying that your use of the word NEED does not mean 'required'??

I believe you mistakenly read something into my statement that wasn't there.
Nope. Your own words show the facts!!

signed Affadavits was an inference of what his employer would need to provide to establish any type of defamation.
*** Your statement is clear.... and it is NOT an inference.

I will overlook the name calling as I learned a long time ago that some people feel the need to try and discredit others with childish cheap shots only to build their own credability.
*** It is spelled CREDIBILITY!! Damn, I would hate to have to read through any lengthy contracts or submissions that you typed!!

Have a great day.
*** Trust me..... I will. :D
 

jmeloow

Junior Member
question...

Sorry to disrupt the catfight here...

In this matter, what difference would it make if this guy had made the statements believing that they were true, but they were in fact false?
 

HomeGuru

Senior Member
dbroom said:
I would not be to concerned about his threats of a lawsuit. He would need signed Affadavits from several witnesses in order to establish slander. I really don't believe a court would just take him and his wifes story without any type of evidence.

**A: this person dbroom not only is an idiot, and a liar but can't even spell.
Affadavits? What a joke.
 

JETX

Senior Member
jmeloow said:
In this matter, what difference would it make if this guy had made the statements believing that they were true, but they were in fact false?
*** If he made them as statements of facts, when they were false (knowingly or not), that would still be defamation. And VERY hard for the defendant to PROVE that he really believed the statement to be the truth. Simply, unless you KNOW something about someone, don't go around making statements about them as true.
 

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