Suing For Defamation Of Character At Work In Illinois
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In order to state a claim for defamation under Illinois law, the plaintiff must show that the defendant made a false statement concerning plaintiff, that there was an unprivileged publication of the defamatory statement to a third party by the defendant and that the plaintiff was damaged.
Under Illinois law, you may have a claim for defamation if you can prove that someone made a false statement about you. If you win, you may be entitled to economic and punitive damages. The law of defamation, however, is complicated and there are numerous defenses to defamation claims.
If an employer or coworker speaks dishonestly about you to others, you might have a case for defamation of character in the workplace. Defamation can take a severe toll on you personally and in the workplace, so you deserve to be compensated for the effects of dishonest language against you.
The Illinois Supreme Court considers five types of statements to be defamatory per se: (1) accusing a person of committing a crime, (2) accusing a person of being infected with a “loathsome communicable disease,” (3) accusing a person of lacking ability or integrity in the performance of job duties, (4) statements that ...
Criminal Offenses with No Statute of Limitations Examples of these crimes include first-degree , sexual assault, sexual exploitation of a disabled person, fraud, theft of public funds, and sexual abuse involving minors.
The statute of limitations for defamation in Illinois is one (1) year. 735 ILCS 5/13-201. It states: Defamation – Privacy.
Miss the statute of limitations deadline and you'll almost certainly lose your right to any legal remedy for defamation. You'll have anywhere from one to three years to get your defamation lawsuit filed, depending on your state's law.
In order to state a claim for defamation under Illinois law, the plaintiff must show that the defendant made a false statement concerning plaintiff, that there was an unprivileged publication of the defamatory statement to a third party by the defendant and that the plaintiff was damaged.
In general, Illinois civil statutes of limitations or statutes of repose are two years for the injured person and five years for injury to personal property. Usually, the clock starts running when the plaintiff suffers an injury.
The types of damages available for defamation per se in Illinois generally include presumed damages, as discussed above, and nominal damage. Punitive damages may also be available if the plaintiff can show that the defendant acted with actual malice. Each type of damage is discussed below. Nominal damages.
