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My husband and i are both in the military. We work at the same dining facility. A civilian co-worker one day commented on how about how fine my husband was. My husband came and told me.
I went over to the person, and stated to her (because i wasnt sure if she knew we were married), "Do you know that Sgt. Noone and I are married?" She laughed and said no. Another co-worker who was standing there said, "We knew." Everyone laughed about it. That was Friday. On Monday, she went to the Mgr. and told him that i grabbed her up (in a threatning manner), and told her that Sgt. Noone and I were married. This is a lie, I did not put my hands on her. Is that slander? Can I sue? I will be recieving a negative counseling statement, which can result in UCMJ action.
Any anwers are appreciated!!

2006-06-21 05:12:02 · 16 answers · asked by bigbutt77 2 in Politics & Government Military

Thank you to everyone who responded. Here are some updates:

1) Another co-worker who was standing in the near vicinity overheard and heard the entire conversation. She wrote a statement on my behalf...but the damage this woman has done verbally seems to supercede this. I am contemplating whether or not I should forward this to her employer, as fictious attack. Any suggestions?

2006-06-21 07:08:41 · update #1

16 answers

A slander case in civilian courts is a very hard thing to win. The slander has to be said to a third person and proven that it was said- preferably in writing. It's not slander if they said it to your face, basically.
In a military court, I donno - you had better inquire of the military atty on your base. Ask them if such a case against the person can even be brought , since they appear to be a civilian. Good luck.

2006-06-21 05:19:48 · answer #1 · answered by Thom Thumb 6 · 1 0

I can understand being upset about someone making a false statement about your conduct, I would be too. Is this mgr. a civilian or an officer or nco? If he/she is military I would get signedstatements from witneses and present them to the mgr. and make it clear that you want to clear up any question that would reflect negatively on your record. They may clear your record but at the same time not take action against this other person since she is a civilian. Just an observation. It seems that you may be just a bit possessive regarding your husband. People make comments like this all the time about married people. Mature , confident people ignore them. Situations like this are why married couples in the past have been prevented from being stationed together. When I was in the service, a sure way to get orders was to marry someone stationed on the same base. Don't rock the boat...you don't want to mess up a good thing. Sometimes if you make your petty problem their problem it becomes your big problem.

2006-06-21 06:15:13 · answer #2 · answered by RunningOnMT 5 · 0 0

Sorry, I am not an expert in this field.

You might want to investigate further, but I don't think that you can sue that lady. I don't think that her lie was (technically) slanderous. Usually, slander involves an untruth spread by someone deliberately to ruin your reputation.

I can't think of a proper example of slander at the moment- but usually, slander is a lie that causes your reputation to be harmed in a significant way.

Okay, for instance, if you operated a used car dealership, and she had gone around spreading rumors (untrue rumors) that you steal your cars then resell them, then that might be an actual case whereby you could sue this individual (especially if your sales numbers dropped substantially as a result of the rumors). Does that make sense?

The problem is that the lady who made up the fictitious attack had a witness who would probably corroborate her story- or at least would not be willing to help your side of the situation. Were there any other witnesses to the verbal confrontation who would be willing to help you in establishing the truth? If so, I would try to see if they would help you straighten the matter out.

Good luck.

2006-06-21 05:24:36 · answer #3 · answered by Anonymous · 0 0

I don't think you can sue for financial gain. I think you are upset emotionally, and because you are in the military, you need to step back and think about your actions. Explain to your Mgr. that this was not the case and take your negative counseling. These things happen and girls are petty. But to look for financial gain and press charges for slander is going to be silly. It is most likely your word against hers, and since you were both on duty, the military will just muck it up. It was a bad situation, and if it happens again leave it alone. You have to be a bigger person, you're not working at McDonald's here.

What kind of litigious society are we living in that we want to sue over a social squabble?

2006-06-21 05:21:05 · answer #4 · answered by Lisa H 4 · 0 0

I would consult an attorney if you think you might have a case for slander, but be advised these cases can take years and can wind up costing you more than they gain for you.

It's best if you simply try to move beyond this and make sure that the people who matter most know the truth.

As to the possible UCMJ action, that may not happen, but I would definitely talk to the judge advocate about the incident and get as many witnesses lined up as you can.

2006-07-04 17:14:51 · answer #5 · answered by Warren D 7 · 0 0

Well since the definition of slander is someone making false statements, I guess you could sue. Hard thing is the proving factor. It will be alot of he said she said unless the other co worker will back you up. Since you are in the military why don't you go see one of the lawyers. Hope this helps.

2006-06-21 05:20:20 · answer #6 · answered by tpurtygrl 5 · 0 0

In this case I would suggest you go and seek legal counsel at your Jag and also a civilian attorney. I see many in this site have no idea of what damage this can cause a service member. This is something you should also take up with the EEOC who does the overview for civilians working at your location.

2014-03-01 00:56:45 · answer #7 · answered by mario 1 · 0 0

Since you are in the military, you should have an advocacy program available to you for disputing the UCMJ action, IF it happens. Forget the "slander" part of it. Just talk with your superior officer through your chain of command, and see what your options are. Isn't your husband supporting you in this? It seems pretty counter-productive, not to mention immature for him to tell you what this low-life said about him.

2006-06-21 06:05:19 · answer #8 · answered by Nani 4 · 0 0

Have your spouse write a statement about what he heard, and also the coworker that witnessed your interaction with the employee. A "negative counseling statement" based solely on the coworkers accusation is prob not appropriate, but there is wide latitude for supervisors in these matters. Respond professionally in writing to the counseling if you receive it, stating your version of the facts. And maybe everybody oughta lighten up...dont trust him?

2006-06-21 05:24:09 · answer #9 · answered by David B 6 · 0 0

YOU CANNOT SUE A MILITARY MEMBER IF YOU ARE MILITARY. It is up to NCIS to determine what happened. If you say you didnt touch her, then stick with that story. If you touched whether it be with anger or not you can be held liable. I doubt it will go as far as court marshal, however you will probably have to apologize. You cant sue her for slander is she and you are in the military.

2006-06-21 05:36:28 · answer #10 · answered by Anonymous · 0 0

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