SLANDER for Herpes?

[illpleathe5th]

Missouri.

Hello. I was a former manager at a company where I was involved with the general manager. I broke up with her, and continued to work with her for 8 months. When we were together, she had told me that she had an STD called "Herpes." She told me how she wished she didn't have it, and I was genuinly concerned for her, and for myself. 8 months later, I quit my job because she was making things very difficult for me at work. I told a friend of mine who worked with both of us about what she had told me repeatidly when we were still together, that she had this STD. Somehow word spread throughout work after I had quit, and it eventually got back to her. She called me, leaving a message saying "yeah these rumors you are spreading about me, I could spread some myself, call me back." She then sends me a text message saying "her lawyer is calling me Monday, and he's getting a list of all the girls I usually talk with, because it was recorded. The girls are going to have to come in and do a voice test to identify which one it was. She then sent me another text message saying "I have medical records proving that I am fine. I faxed them today." I told my friend this because I was genuinly concerned for my health. Please let me know if she has any sort of case. Thanks.

 

[BelizeBreeze]

There is no way to know without a thorough review of her medical records, the recordings she has and a discussion with all those involved.

However, from ONLY the facts that you presented here, I would give her chance of recovering about 10% and that ONLY if she can prove that there is no disease.

She will be opening that can of worms when and if she files suit. At that point her medical history is open to scrutiny.

 

[illpleathe5th]

re:herpes

I thought she would only have a case against me if she lost her job over it. What both of us said to eachother is heresay, but why would she tell me something like that if she didn't have it? (a question neither of us can answer).
How much can one sue for slander of this nature also? Thanks.

 

[BelizeBreeze]

From $1 to $1 Million and beyond.

Listen, keep your mouth shut and wait. She's probably embarassed as hell and trying to cover her ass. IF you receive a letter from an attorney, take it to your attorney and tell your story.

Then let the fireworks begin

 

[illpleathe5th]

Thanks, I'll do that. One more quidky: can I counter-sue her for anything?

 

[BelizeBreeze]

Sue her for what? Being a bitch? Leave it alone.

 

[illpleathe5th]

ok thanks. She left me a voicemail, and I called her back. In the voicemail to her, I said that I had told a friend about her herpes issue because I thought it might be an issue to me. Then I said "good luck, you're the one that has to work with everyone." She then left me a voicemail saying, "welp, thanks a lot...my lawyer is gonna love that one." Question: can that be used against me in court, a voicemail? Nothing I said was threatening and I did not curse.

 

[meganproser]

>>I said that I had told a friend about her herpes issue

She was thanking you for admitting you had told someone she has herpes.

If she does not have herpes I think it will be pretty hard to persuade a jury that she claimed to have it. Why would ANYONE do that?

A far more likely scenario would be a former boyfriend starting a false rumor that she has herpes.

It takes a lot of time and money to sue someone for defamation. If you are lucky she will decide it's not worth pursuing.

 

[BelizeBreeze]

ok thanks. She left me a voicemail, and I called her back. In the voicemail to her, I said that I had told a friend about her herpes issue because I thought it might be an issue to me. Then I said "good luck, you're the one that has to work with everyone."

What a totally DUMBASS move to make.

You had better hope she DOES HAVE HERPES. That's the only way you're going to save your butt now.

 

[rmet4nzkx]

I just read this one today, but did I miss something? If she is the general manager and he was a manager and left his employment after they broke up because of the situation, might he not have a claim of sexual harassment/hostile work environment as a counter claim? How that would play would depend on whether or not she has Herpes. To spread rumors that she had herpes was no innocent remark over health concerns, if you are concerned go and get a test.

 

[illpleathe5th]

ok...reguardless of if she has herpes or not, can you sue someone for telling a friend that an x-girlfriend/general manager has herpes? I did not announce it on a PDA to an audience, and I believe she still has her job. 2nd question: can one use a voicemail stating a friend was told because of concerns for health issues, against them in a court of law?

 

[BelizeBreeze]

ok...reguardless of if she has herpes or not, can you sue someone for telling a friend that an x-girlfriend/general manager has herpes? I did not announce it on a PDA to an audience, and I believe she still has her job. 2nd question: can one use a voicemail stating a friend was told because of concerns for health issues, against them in a court of law?

yes and yes.

 

[illpleathe5th]

my lawyer said to file a "charge of discrimination" with the Missouri Department of Labor and Industrial Relations Commission on human rights, so I did. We dated, I broke it off with her, and for the remaining time there, she made my life hell. He also said that if her lawyer calls me, tell him that I did tell a friend out of genuine concern for my health. Then my lawyer can call him to the stand. What do you guys think?

 

[rmet4nzkx]

my lawyer said to file a "charge of discrimination" with the Missouri Department of Labor and Industrial Relations Commission on human rights, so I did. We dated, I broke it off with her, and for the remaining time there, she made my life hell. He also said that if her lawyer calls me, tell him that I did tell a friend out of genuine concern for my health. Then my lawyer can call him to the stand. What do you guys think?

You can make the complaint, and the fact that you have gone around telling people where she works, long after you left, that she has Herpes, will be difficult to overcome. Remember, she doesn't have to say anything, she has it in tape, your admission, remember on the answering machine. Your justification for intentionally spreading the rumor rather than going and getting a test for Herpes, will be difficult to overcome. You may have to open up your medical records depending on what you are alledging. It is possible for her to sue you as well and the fact that you left and didn't make a complaint right away and instead chose to retaliatate and harass her can definately work against you whether or not she has herpes. The Herpes excuse is an old one for a woman who is trying to fend off unwanted advances.

You are toast.

 

[jpritchett81]

ok thanks. She left me a voicemail, and I called her back. In the voicemail to her, I said that I had told a friend about her herpes issue because I thought it might be an issue to me. Then I said "good luck, you're the one that has to work with everyone." She then left me a voicemail saying, "welp, thanks a lot...my lawyer is gonna love that one." Question: can that be used against me in court, a voicemail? Nothing I said was threatening and I did not curse.

I can't believe you did this after BB's advice....dude you were in the clear!!!

What in the HELL did you do that for???