SLANDER for Herpes?

[illpleathe5th]

I make $27,000/yr. What lawyer is going to take a case when there's no money on the other end? I'm going ahead and filing a complaint, since there have been no papers served to me as of yet from her lawyer. I've talked with my lawyer about things I've heard in this forum, and he said not to worry. As long as I have a complaint filed with EEOC, she won't have a case. Hopefully it will be easy to get her past medical records. Discovery should do the trick.

 

[illpleathe5th]

also, I was complaining to friends and co-workers about the bad treatment from her while I was still employed there. I did not wish to file the complaint, because I wanted to put her out of my life, by quitting...I thought I did so. Apparently not.

 

[meganproser]

If the woman does not have Herpes, her claim will be for defamation. She already has what she needs to prove he defamed her. Whether or not “Herpes” qualifies as a loathsome disease is questionable and will affect her need to prove damages. She may be entitled to punitive damages and this is where the defendant’s motives will be considered.

If the woman HAS Herpes, she has NO CLAIM for defamation. How she got it is completely irrelevant. The statements he made about her are true, thus there has been no defamation.

If she HAS Herpes, her claim will be for Invasion of Privacy. Again, she will be entitled to whatever the jury thinks her pain and suffering are worth. She may be entitled to punitive damages and this is where the defendant’s motives will be considered.

In short, whether she has Herpes or not she has the necessary elements to bring a lawsuit against this guy. Whether she gets any real damage award, is another story. Defending the claim will cost many thousands of dollars regardless of the outcome.

>>and isn't kind of useless to go after someone who only makes $27,000 a year? That's what my lawyer said.

It’s useless for an attorney to take her case on a contingency. Whether or not SHE thinks it’s worth pursuing with her own money, is another story.

OP, Do The Right Thing.

 

[meganproser]

>>I've talked with my lawyer about things I've heard in this forum, and he said not to worry.

Ask him if he's ever defended an intentional tort.

As for how much you should worry, let's just say this. It would be VERY unusual for her to spend the money to pursue this.

If she turns out to be the unusual type, you are looking at a lot of money for your defense and what she may or may not have done to you at work has very little bearing on what the outcome of a civil suit might be.

Do you feel lucky? If so, continue to antagonize her. If not, maybe you want to try doing the right thing.

 

[rmet4nzkx]

also, I was complaining to friends and co-workers about the bad treatment from her while I was still employed there. I did not wish to file the complaint, because I wanted to put her out of my life, by quitting...I thought I did so. Apparently not.

So, it wasn't just one person you were complaining about her to but many? You are digging a deeper pit

 

[illpleathe5th]

you've said "do the right thing" several times now. What exactly IS the right thing? Believe me, I'd like to know. I've told co-workers about her abusive treatment towards me, not about the STD issue.

 

[meganproser]

Let’s see. If she does NOT have Herpes, you spread a false rumor about her. What might you do to make amends for that?

If she DOES have Herpes (or at least she really did claim to have it), you blabbed very private info about her to someone in her workplace. If you really did tell only one person, then I must assume you did not ask that person to keep the info confidential.

THEN when she confronted you about it, you seemed to be indicating to her that it was payback.

I understand that she may have done you wrong at work. You should have pursued legitimate recourse for any such problems. Instead, it appears you tried to retaliate and you went too far.

Now, regardless of what she did to you, YOU are the one in trouble. You are in trouble because you did something you had no right to do.

You can spend the next year worrying if she’s going to sue you or you can be a man, meet with her and work it out. Make sure she does not come to the meeting with a hidden tape recorder (check the recording laws for your State).

If, in her anger she had started a rumor that you are a pedophile and now half the people you know believe that, what would you want HER to do about it?

 

[illpleathe5th]

She did me wrong at work, you are right megan. However, filing a complaint with the EEOC or Missouri Dept. of Labor before I would be served with papers (if in fact she is suing) would be better, don't you think? That would make the case in my favor. Picture this: a guy that went out with his boss for a couple of months, broke things off, got harrassed, quit 8 months later because he was tired of the poor treatment, had 90 days to file a claim, it's only been 23. She's still harrassing me, trying to sue me, leave me alone girlfriend! My lawyer said her attny would have "peanuts" for a case, plus it would be pointless to sue someone who makes $27,000/year. I'm trying to save my own ass here. I don't care if I get any money from the contingincy-based case against the workplace this occoured, or from their insurance.

 

[rmet4nzkx]

You worked there for 8 months after she broke it off with you, during that time you were accusing her and complaining about her to other employees, you made no attempt to get tested for herpes, you left you were not fired, those are not the actions of someone injured as a result of a hostile work environment, but they are good evidence for any claim she and or the company might have against you!
Perhaps you might write a C&W song, you might have more success with that.

 

[illpleathe5th]

correction: I broke things off with her. She would constantly antagonize me. She was my boss. Nice country remark.

 

[rmet4nzkx]

correction: I broke things off with her. She would constantly antagonize me. She was my boss. Nice country remark.

She will say she broke it off with you, better get used to that.

 

[meganproser]

>>However, filing a complaint with the EEOC or Missouri Dept. of Labor before I would be served with papers (if in fact she is suing) would be better, don't you think? That would make the case in my favor.

Nothing she did to you excuses any actions on your part that qualify as defamation or invasion of privacy.

If she violated YOUR rights in any way you had legal recourse. Two wrongs blah blah blah. You did not have the right to intentionally harm her rep or invade her privacy.

You are talking about trying to beat her to the courthouse now so that her action against you will look like retaliation for your complaint. It won’t matter that the jury thinks the complaint is what led her to file her own suit. The merits of her case will be just as valid, no matter what prompted her to exercise her rights. She does not need to explain the timing of her decision.

>>She's still harrassing me, trying to sue me, leave me alone girlfriend!

She appears to have grounds to sue you, which indicates you are not merely a victim.

>>My lawyer said her attny would have "peanuts" for a case, plus it would be pointless to sue someone who makes $27,000/year.

She can make your life hell with those peanuts. Pointless, is in the eye of the beholder and most attorney’s eyes are focused on the probable financial outcome. Not everyone is motivated by money alone.

>> I'm trying to save my own ass here. I don't care if I get any money from the contingincy-based case against the workplace this occoured, or from their insurance.

I understand that at this point you just want it ALL to go away. If you have any kind of a real claim against her, I suspect she would rather have it all go away too.

When in doubt about the best course of action, I’ve NEVER gone wrong by choosing to do the honorable thing.

Door #1… You can take responsibility on your own by asking her what she feels would be a fair resolution of the problems you’ve each created. Make sure you completely document any effort you make in this regard.

Door #2… You can spend all of 2005 (possibly longer, not sure of the SOL in your state) worrying that she is going to sue you. If she never does, then maybe you “got away with” something without having to take any responsibility for it.

What’s In The Box… You can worry that because it WAS too expensive to sue you, she is going to mete out her own justice. You will want to watch your back for a long, long time. Some people can be very patient about taking revenge.

Door # 3… You can play the “best defense is a good offense” game and fatten the wallets of a couple of lawyers. It could take a couple of years for that game to play out and there is NO WAY of knowing how you would fare in the end. If she sues you and wins, you are going to pay dearly for your failure to make amends on your own from the very beginning.

Picture this: It’s 3am on an empty street during a blackout. You are driving and you hit a pedestrian, badly injuring him. You are pretty sure no one witnessed the hit. Do you make a run for it or not?

 

[illpleathe5th]

that was lame, the comment about the pedestrian. I don't need to watch my back. Life's too short to live fearful. Also, I am a black belt in Karate! Take care and thanks for the useful information in this forum. You guys are all nuts by the way. Tah Tah.