What are my rights?

[tikkijane]

What is the name of your state?What is the name of your state? New Mexico

I have been made aware of some egregious, false allegations made against me personally/professionally via email. My support people (volunteer work for a non-profit organization ) cite "confidentiality" for not sending me a copy of the allegations, while they are waiting for "proof."

Am I legally entitled to a copy of the allegations? Does my right for disclosure superceed the right for confidentiality since I have been named outright? What recourse do I have?

Thanks.

 

[BelizeBreeze]

What is the name of your state?What is the name of your state? New Mexico

I have been made aware of some egregious, false allegations made against me personally/professionally via email. My support people (volunteer work for a non-profit organization ) cite "confidentiality" for not sending me a copy of the allegations, while they are waiting for "proof."

Am I legally entitled to a copy of the allegations?

No.

Does my right for disclosure superceed the right for confidentiality since I have been named outright?

No.

What recourse do I have?

Thanks.

None at all.

 

[ENASNI]

What is the name of your state?What is the name of your state? New Mexico

I have been made aware of some egregious, false allegations made against me personally/professionally via email. My support people (volunteer work for a non-profit organization ) cite "confidentiality" for not sending me a copy of the allegations, while they are waiting for "proof."

Am I legally entitled to a copy of the allegations? Does my right for disclosure superceed the right for confidentiality since I have been named outright? What recourse do I have?

Thanks.

I am sorry.. but.. HUH?

 

[tikkijane]

clarification

State: New Mexico

Let me try to clarify. My volunteer position makes me a member of our local Board of Directors, and one of the only 3 positions on the BoD that is unremovable by a vote of the other BoD members. There is another person (another BoD member) in this organization who is making allegations about me including prejudice, personal biases, unauthorized internet background checks (which is bogus to begin with since anyone can Google) etc, as a means to *remove* me from this position. These allegations have been made specifically against me, using my name, in writing, via email correspondence to remove me from my position, which would remove me from the BoD. (think small- there are only 3 of us now) My support people (higher ups in the orgnazation and those that have the ability to remove me from my position) won't show me the actual allegations because the person saying these things has asked them not to.

If you don't feel there is recourse here, please share an example of when there *could* be recourse. What needs to/needs to have happen(ed)?

Thanks.

 

[ENASNI]

oh well that clears it up

No.

No.

None at all.

I will stick with BB

 

[tikkijane]

State: New Mexico

In a verbal conversation with one support person, it was acknowledged that "This is stuff you could sue for"; this fact is not lost on the administrators.

Thanks.

 

[panzertanker]

State: New Mexico

In a verbal conversation with one support person, it was acknowledged that "This is stuff you could sue for"; this fact is not lost on the administrators.

Thanks.

Is that support person an attorney???

 

[EvilWizard]

Advice of administrators.

or

Advice of lawyers.


Tough decision.

You are not going to be satisfied with the answer here so hire a lawyer and start the process. Hope you have a lot of money.

 

[tikkijane]

Sate: New Mexico

Lawyers, yes. We have an entire legal council on board as a non-profit. They are working in conjunction.

However, I've asked for you to share how a situation would have to transpire for a legal case in your opinion to be valid.

Do you maintain that anyone can write anything they want to about a person's character; written with malice for the sole purpose of smearing their reputation (and subsequent concequences)?

I'm trying to understand *when* a case of libel can be made; what circumstances need to be in place?

In which state do you hold your license and practice?

Thanks.

 

[EvilWizard]

What are the damages you have suffered so far?

 

[ENASNI]

What are the damages you have suffered so far?

Well he seems to have digested the dictionary and regurgitated it on his computer... thats gotta hurt.. can he claim that?

 

[tikkijane]

State: New Mexico

Hi Evil,

Damages- you mean besides the chronic lying about me for the last 4 years? More than the damage that has been caused in undermining my effectiveness in the position I'm in? I've had people call me on the phone and chew me out because of what this person has falsey told them; I've had mistrust amongst my collegues who are now completely confused. In general, I've suffered personally for not being able to do my job as well as I should be because of this behavior. These writings contribute to defamation of my character not only professionally, but personally as well.

This is actual malice;writing a statement with knowledge that it is false and doing so with reckless disregard of whether not the writing is false.

What other information is pertient? Mental anguish and suffering? I won't air my dirty laundry, but suffice to say that the personal/emotional grief this has caused my family is damaging. The results of these writings have gone to folks not just on a local level, but on a world-wide organizational level.

Still, the bottom line is, when does a person have the right to confront allegations against them that are being knowingly withheld? If folks can say and write whatever they want to without being held accountable, it is indeed a sad, pathetic world we live in.

Thanks.

 

[seniorjudge]

State: New Mexico

Hi Evil,

Damages- you mean besides the chronic lying about me for the last 4 years? More than the damage that has been caused in undermining my effectiveness in the position I'm in? I've had people call me on the phone and chew me out because of what this person has falsey told them; I've had mistrust amongst my collegues who are now completely confused. In general, I've suffered personally for not being able to do my job as well as I should be because of this behavior. These writings contribute to defamation of my character not only professionally, but personally as well.

This is actual malice;writing a statement with knowledge that it is false and doing so with reckless disregard of whether not the writing is false.

What other information is pertient? Mental anguish and suffering? I won't air my dirty laundry, but suffice to say that the personal/emotional grief this has caused my family is damaging. The results of these writings have gone to folks not just on a local level, but on a world-wide organizational level.

Still, the bottom line is, when does a person have the right to confront allegations against them that are being knowingly withheld? If folks can say and write whatever they want to without being held accountable, it is indeed a sad, pathetic world we live in.

Thanks.

So you cannot put a dollar amount of damages in writing.

Okay, I'd say you do not have a case.