Slander?

[nadams]

What is the name of your state? Ca

I was fired by former employer for what he said to misconduct, then i was denied unemployment benifets as a result of what he told the unemployment office. I appealed the decision and it was overturned by an EDD administrative law judge. He did not appeal the decision. Still he tells his customers and basically anyone who will listen that i stole, lied, and ruined his business. Recently in a small claims case where i was called as witness he continued to state these things before a judge. He destroyed my credibilty in a case where the defendants stated that they had paid me cash, which is not true. The judge (who has not submited a judgement as of yet) implied that i may be responcible for the money owed. I know that i can obtian evidence to prove otherwise. I also believe that my former employer is providing false reports to perspective employers. I live in a small community, and he spreading word that i am dishonest person. What can i do.

 

[nadams]

Let me add something to this post, i just saw this on the site.


Statements in a judicial proceeding are privileged. A judge, juror, lawyers, witnesses, or other parties are absolutely protected. For example, you are involved in an employment dispute with your former employer who lets it be known to everyone that you are a drunk and a thief, knowing that it is untrue. Your former employer can make this defamatory statement without being sued by you afterwards.

My former employer was actually the plantiff in the small claims case and i was a witness called by him. With no reason he began making these comments, when he made these remarks as the plantiff does this make it inadmisiable evidence if i want to bring a case against him? I also have several people that will appear in in court to testify that he has made untrue remarks about me. Will the judgement from the EDD judge stating that is was not guilty of misconduct and the 3 or 4 witness's be a usefull tool in proving my case?

 

[nadams]

anybody out there?

 

[JETX]

Okay, lets take a try at this one....

"I was fired by former employer for what he said to misconduct"
*** Okay, EXACTLY what caused your termination??

then i was denied unemployment benifets as a result of what he told the unemployment office. I appealed the decision and it was overturned by an EDD administrative law judge. He did not appeal the decision. Still he tells his customers and basically anyone who will listen that i stole, lied, and ruined his business. Recently in a small claims case where i was called as witness he continued to state these things before a judge. He destroyed my credibilty in a case where the defendants stated that they had paid me cash, which is not true. The judge (who has not submited a judgement as of yet) implied that i may be responcible for the money owed. I know that i can obtian evidence to prove otherwise.

*** No response as NONE of that is relevant to the issue.

I also believe that my former employer is providing false reports to perspective employers.

*** Okay, EXACTLY what is being said??

I live in a small community, and he spreading word that i am dishonest person.

*** Okay, EXACTLY what is being said??

What can i do.

*** That depends largely on what is being said, whether it said as fact or opinion, whether it is true and what damages you have incurred due to the statement(s). And how much money you have to throw at this.

 

[nadams]

i was a manager at a local u cart and concrete delivery business and we had alot of problems with our delivery service. In a discussion with the owner he had told myself and another employee that we were shutting down (which had never been very profitable)the delivery side of the business. We were instructed by him to park the truck in a area of our yard that was difficult to move things in and out of and give him the infromation for sale of the truck, as he was going to place an ad for sale. About 2 months later he had set up what he called a "sting", he had one of his friends call in and ask for a delivery. When told him that we no longer delivered concrete, he called my employer. My employer called me shortly after and fired me. I applied for unemployment benifiets and was denied based on what my employer said. I apealed and the adminstrative judge determined that it was a miscommunication based on testamony be myself and a current employee of his. All of this took place about 5 months ago, recently in a small claims case i was called as a witness by former employer in an attempt to collect money from a customer. Before he even began to talk about the case in the court, he started bringing my character into question by going through the details of why and he fired me, accussing me of make deals with other customers to get work done at my house, and calling me a theif. I already have a judgement against him stating that it was a miscommunication. He continues to tell people these things, i beleive his statements are the reason it is making it so hard for me to gain employment, it also very embarassing when i see people i used to deal with on a daily basis telling me my former employer has said. Can i use the court records from the small claims case to prove mine? Can i use the unemployment judgement in my case? Could i take this to a small claims court and if i did could i get him to shut up?

 

[JETX]

Though your post is extremely confusing as to who did or said what to whom... and how it affected you, I see little if anything that you can use to your benefit. His statements to impeach your credibility in the trial are protected. The allegations you make of his possible statements appear to be his opinion, which is also not subject to defamation.

Bottom line, if you have $10,000 or so to throw at a defamation lawsuit and can find a local attorney to represent you, go for it. I predict little if any chance of success.