I worked for this lady at the mall for about 6months, and after she had some arguments with my sister, i wanted to talk to her and see what the problem was. After calling her and talking to her she said i should leave her business. I called the mall securities and told them what was going on, because i didnt want anything to be missing. They allowed me to close the stand.
After leaving my job i come to the mall and everyone i talk to said she has been talking about me and my sister how we have been stealing money out of her cashier and some products went missing too. I do now fell free walking within the mall and everyone talking about me and telling me how my boss is saying that i have been stealing money and products from her.
I was woundering if i can file a defamation lawsuit against her. The stories she is giving to the mall has been going on for about 3 months. I thought she would stop but its she is not.
Please let me know how i can win this lawsuit.
Thank You!
2007-03-04 17:43:40 · 7 answers · asked by Leonella 1 in Politics & Government ➔ Law & Ethics
She is just saying this, and i dont really want any money from her i just want her to stop saying such things. She is just saying this because she has nothing better to talk about other then her former workers. Also she has no proof at allll for showing that i have stoel her products or money.
2007-03-04 18:08:03 · update #1
You would have to be able to prove "Damages" . What has it cost you?
Did it prevent you from being hired at a new job? What financial negative impact has it made?. If the answer is none ,you then have no case.
You cannot file and win a defamation or liable suit just because someone says unkind or even untrue things about you.
2007-03-04 18:02:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Lawsuits are messy and costly. Think about this carefully before you proceed, or at least consult with an attorney before making your ultimate decision. Plus, you'd be suing an individual, not some large corporation with insurance and money for settlement, which means you could end up with hardly anything or simply a judgment in the end.
Generally (and it may differ depending on where you live) to prove a case of defamation you have to show that someone published (spoke, wrote) a false statement about you, that the person knew it was false at the time they made the statement, and that you suffered harm as a result of the false statements.
The defamatory statement must be a statement of fact and not merely someone's opinion. That could be your first hurdle. Also, in certain occasions an employer may have a privilege to provide information about a former employee's employment.... and depending on who the employer told, he/she may have this privilege.
Also, if your former employer can show that her statements were true, that is a defense to a claim of defamation. So before you file any lawsuit, you better think hard and make sure that you didn't do any of the things she's accused you and your sister of doing.
Good luck. Sounds like a pretty bad situation.
2007-03-05 02:01:37 · answer #2 · answered by Amy K 3 · 1⤊ 0⤋
I would suggest that most of what you have heard is definitely heresay & most likely rumours. Chances are possible that maybe she said that 1x or 2x to the "wrong" person--and that person is the one who keeps the story spreading.
Has this really stopped you from finding alternative work for either yourself or your sister? Defamation can be proven if it was in print or on another form of recorded media.
I'm sure there is a lawyer who will take your case--in Canada, a min. price start for a civil law suit is $1500.--what is it in the USA? It depends first where you are--and from there the prices can rise.
You could just file a formal complaint against her at the police station. The police will go investigate the harassment & at that time, if she has any actual evidence against you & wants to use it--you could be charged.
If you go the police route, understand they will go to the person who is criminally responsible--if that is you--then so it be.
However, if you go through a lawyer to ask him/her to write this person a letter to shut up--then you could just esculate a situation that may in fact have passed.
My first thought to you would be--who is the person who is telling you that she is talking about you? Do you ask people if she is talking about you? & If you do, do you ask them, approx when was this & what date was that again?
You need to have a list of probable dates & witnesses to complain of harassement or to prove defamation.
Good Luck
2007-03-05 02:26:49 · answer #3 · answered by belligerent assistant 5 · 0⤊ 0⤋
first write her a letter stating what you have herd her stating to others. then tell her this is against the law, deprivation of charter, and even though you don't wish to if it continues you will be forced to sue her for wrongdoing. my employer was a justice of the peace and he suggested this to me before. It really worked. There was nothing else ever said.
2007-03-05 03:28:56 · answer #4 · answered by dsdotnlaw 1 · 0⤊ 0⤋
Lawsuit, get real. Go find a job instead of looking for a handout. Lazy bum
2007-03-05 02:21:11 · answer #5 · answered by Anonymous · 2⤊ 0⤋
You can't win, you have no damages, it's all hearsay and it's why most businesses won't hire women.
Your best move is to follow her into the parking lot and beat her half to death. Make sure she knows who is kicking her *** and why.
2007-03-05 02:08:36 · answer #6 · answered by gw_bushisamoron 4 · 1⤊ 0⤋
She has to prove that you or your sister are guilty, and if she can't you can have her up on a slander charge.
2007-03-05 02:01:07 · answer #7 · answered by Alwyn C 5 · 0⤊ 1⤋