Slander

[Mking40407]

Can a Supervior be Sued for Slander and giving False
statements?if so what Factors would have to take place?in order to take that person to Small Claims Court.

 

[JenniferH]

This is not a small claims case. Small claims if for $ or items (turned into money award) owed to you.

 

[frostysnowman]

suits alleging slander, libel, and defamation of character most certainly can be brought to a small claims court. the only caveat is the limit of the judgement (up to 5 grand in most states).

to prove any of the above, you basically must show that the actions were malicious, untrue, published (or otherwised disseminated), and have caused tangible damage to a vicitm.

 

[Mking40407]

Thank You Frosty

Dear Frostysnowman,Thank you very much for your reply.You have in more ways than one help me to bring this Nigthmare to an end.I Love this Site and I'm going to do all I can to bring or make others aware of it.

 

[JETX]

In any case, Jennifer is correct in most cases. However, Florida Small Claims doesn't seem to restrict their cases solely to direct monetary issues as some other states do. (I might add that her response is still correct, since the original writer didn't provide a location for this claim... only that he/she lives in Florida. And even that doesn't show when posting a reply!!).

So, lets have a reality check to the original issues:

Q1) "Can a Supervior be Sued for Slander and giving False
statements?"
A1) "False statements", no. "Slander", possibly. But this is a very complicated (and difficult) case to PROVE that you have been slandered and even moreso, that you have been damaged by this 'defamation'.

Q2) "if so what Factors would have to take place?"
A2) As noted above, this type of case is VERY hard to bring and to win. It takes a LOT of legal expertise (read MONEY). As for asking "what factors", that is like asking "how much is too much?". No one can answer for you without a complete evaluation of the full circumstances and the claims being made.

Q3) "in order to take that person to Small Claims Court."
A3) Though not worded as a question, it follows a '?' making it a 'new' sentence, so here goes: As noted above, this type of case ('defamation') is VERY hard to prove and prosecute in a 'normal' court.... and even harder in a Small Claims environment where the defendant can simply say, "Your honor, I NEVER made the statements (or took the actions) that the plaintiff complains about". Without evidence, witnesses, pre-trial discovery, depositions, etc. you would have ZERO chance (in my opinion).

 

[Mking40407]

Reply to last POST

In no way am I completely informative as you guys.I 'm only asking for information to my QUESTION and I didn't want to Bomard folks with alot of reading.

As to where I Live,it's in St. Petersburg Florida and my situation
is with a Supervior Having told Corp.,that I resign for PERSONAL
reasons and 3yrs later I reapplyed for my old position and was denied because NOW he says "I had a problem coming to WORK"and I was late alot and all this is in my record.

Moreover another Supervior wrote a Ref. Letter and when I product it,she says she knows of no Letter and I've work with this person for over a Year.I just want to prove them wrong.

PS I can provide all the infor needed (in black an white)to help
certify my Compliant.

 

[JETX]

All the documentation in the world in black and white, won't help if you don't have the 'green'. As I said in my response, this would be a VERY expensive claim to bring to trial, and virtually impossible without legal representation.

Also, based on your supplemental response, your only damage is that someone may or may not have said something about you that might, or might not, have affected your possible of maybe or maybe not being re-hired. Sorry, but I really don't see any PROVABLE monetary damages here.

I know that you are ticked off and upset. And it may even be that the company or its supervisors aren't playing 'fair', but that doesn't make their actions liable.

 

[cbg]

Were you late a lot? I'm not just being a smarta**; it might make a difference.

 

[JenniferH]

Thank you Halket. I stand corrected and educated.

Thanks again,

 

[Mking40407]

RE:Late alot

I was never late to Work,I work at a Radio Station,I look forward to go to work everyday,I even work for people that couldn't work, It was FUN work,Imaginative,Fantasy, Psychological and Daydreamy.I was noted as being a Key Player and a Model empolyee.

 

[cbg]

If a prospective employer calls for a reference, the supervisor falsely says that you were late a lot and AS A DIRECT RESULT OF THAT STATEMENT you don't get the job, then possibly, depending on your state law, you might have a cause of action. Most states permit a former employer to say whatever they like on a reference as long as it is factually true or their honest opinion, but does not permit them to lie.

However, before you have any kind of a legal case you have to have some kind of damages. Just being annoyed by it isn't enough.

 

[Mking40407]

RE:Late alot

I had this Manger to write a Ref. Letter for me,this is what he wrote; "To whom It May Concern",I have been empolyed by the Radio Station for a year.During that time he has been under my Supervision.

He go's on saying I've been a model empolyee.Always on time,eager to work and with a winning attitude.His duties have included;dealing with clients and station related promoitions,office work and warehouse work .Every task was completed professional and he ends.

2nd Supervisior worte;I have been an empolyee of hers for a year and During the time of his empolyment he has always displayed a very professional presentation and enthusiastic attitude.We consider him to be a Key Player in our promoitions efforts for all four of our Stations.I have every confidence that any project given to him will be completed promptly and professionally and it ends.

And all of these Letter were sign and now they say they Didn't write them.I have contacts where they have all so sign.These people have cost me to lose a Job in which I Love Dearly,I've also been Lable,there are only 3 stations in the area and One Supervisior Mother works at one in which I have appiled but yet to get an offere and each supervisior works for differet stations.

So I ask do I have a CASE???

 

[JenniferH]

Why don't you go to a lawyer and get advice. They usually have a free consult and will tell you whether you have a case or not.

If you go by what cbg stated, then it sounds like you may have a case.

But, as stated before, it may be lengthy and financially consuming, if an attorney feels that he/she thinks you have a case. Also, remember that there are no guarantees in a favorable outcome should you be able to go to court on this one.

Good Luck,

 

[Mking40407]

Reply to last POST

I've come to this Site Respectfuly to FIND an Atty. Jen,I don't no of one,I no they are listed in the phone book but I was hoping someone or anyone knew of one here in St. Petersburg Fla.???That I maybe able to call upon.

 

[JenniferH]

I believe this site was set up as to get advice, but not neccessarily from an attorney. I suggest that you go to the top of the page and click on "Find a Lawyer".
(That is the only way you will find a lawyer in your area)

Or


Click on the attorneypages.com site above.
We use this site, mainly to assist others in what we know. Most of us are not attorney's, we just have the knowledge.

Another option as well is to check your local yellow page listings.

Good Luck,