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Slander

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ghoney

Guest
I live in TX and my former employer sent me a letter through her attorney requesting that I immediately stop slandering her and her business and if I continue to slander his client and her business we will have no alternative but to take action against me. My question is how do I find out what the slander statement is and do I have any recourse? Can I sue her in small claims court or civil court for accusing me of slander even though I do not know the nature of this allegation?
 


I AM ALWAYS LIABLE

Senior Member
ghoney said:
I live in TX and my former employer sent me a letter through her attorney requesting that I immediately stop slandering her and her business and if I continue to slander his client and her business we will have no alternative but to take action against me. My question is how do I find out what the slander statement is and do I have any recourse? Can I sue her in small claims court or civil court for accusing me of slander even though I do not know the nature of this allegation?
My response:

1. How many people did you send your letter to?

2. Are you absolutely sure the "letter" came from an attorney?

3. Did you make oral statements to others before or after you sent your letter?

This part is important - -

Without using names, I would like you to type the body of the letter EXACTLY as it was written, and place it in your response to this thread.

IAAL
 
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JETX

Senior Member
"I live in TX and my former employer sent me a letter through her attorney requesting that I immediately stop slandering her and her business and if I continue to slander his client and her business we will have no alternative but to take action against me."
Response: What you got was a standard 'cease and desist letter'. Apparently, your former employer has made an allegation that you have slandered her and her business. So, have you said ANYTHING derogatory about her or her business?? If you did, what was it you said and to who??

Q1) "My question is how do I find out what the slander statement is"
A1) You can contact the attorney to ask for a clarification of what was allegedly said.

Q2) "and do I have any recourse?"
A2) No. At this point, it is only an allegation of statements made. And you have NOT been damaged.

Q3) "Can I sue her in small claims court or civil court for accusing me of slander even though I do not know the nature of this allegation?"
A3) No. This is simply an allegation and not necessarily made as a statement of fact. Further, Texas does not allow this type of suit in Small Claims, so you would (if you had a cause of action) have to pursue it in a 'higher' court. This would require an attorney and higher filing fees and expenses. Simply, you would have to spend thousands to even advance this case... if you had one. As you can see, any action isn't really practical.
 
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ghoney

Guest
To answer IAAL the attorney letter sent to me stated the following:

Dear Ms. XXXX(to me):

I represent XXXXXXX(which is my former employer).

I am requesting that you immediately stop slandering Ms. XXXXX and her business.

If you continue to slander my client and her business, we will have no alternative but to take action against you.

That's the letter I received from my former employer's attorney.


My question is what if the attorney who wrote will not tell me what the slander statement is? I will take your advice and call him and let you know what happens. Thanks.
 

I AM ALWAYS LIABLE

Senior Member
ghoney said:
To answer IAAL the attorney letter sent to me stated the following:

Dear Ms. XXXX(to me):

I represent XXXXXXX(which is my former employer).

I am requesting that you immediately stop slandering Ms. XXXXX and her business.

If you continue to slander my client and her business, we will have no alternative but to take action against you.

That's the letter I received from my former employer's attorney.


My question is what if the attorney who wrote will not tell me what the slander statement is? I will take your advice and call him and let you know what happens. Thanks.

My response:

Look, I wrote the following questions for a reason - - but you failed to answer them. I tell you what, I'll answer your questions if you answer mine, first.

1. How many people did you send your letter to?

2. Are you absolutely sure the "letter" came from an attorney?

3. Did you make oral statements to others before or after you sent your letter?

So, if you want "quality help", you're going to need to read our replies carefully.

While my fingers are, in fact, a little pudgy, and could use the exercise, I'll go to the gym for that. But, when I use my fingers to type, it's for a very good reason. So please, answer my questions.

Thank you for quoting the letter, but that's only part of this puzzle, and the quandary I'm in - - and I'll reveal that later, and as soon as I get the answers from you.

IAAL
 
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JETX

Senior Member
IAAL, with all due respect, you seem to believe that ghoney's 'slander' was in a letter. I have re-read the posts and don't see anything like that (which is why I asked what I did). Am I missing something??
 

I AM ALWAYS LIABLE

Senior Member
Halket said:
IAAL, with all due respect, you seem to believe that ghoney's 'slander' was in a letter. I have re-read the posts and don't see anything like that (which is why I asked what I did). Am I missing something??
My response:

Whoops !

Steve, you're absolutely correct. My mistake. I don't know why I made the "leap" into thinking our writer wrote a letter to her former employer. Wow, that's a big mistake on my part. No wonder our writer couldn't answer my questions.

Obviously, our writer is only alleged to have made verbal statements, and nothing in writing.

My apologies . . . I must have suffered a synapse overload.

Yikes, it's time for a tune-up on the old gray matter.

Thanks, Steve, for setting my brain straight. Apparently, I caused my own "quandary."

IAAL
 

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