A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Slander And Libel Law Within The Workplace In Pima
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Multi-State
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Pima
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US-00423BG
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FAQ
Yes, you may sue for slander, but you are not likely to win. There are special rules governing employment references. Unless they were made with actual malice, they are privileged, and may not be the basis for slander.
To prove workplace defamation, you must establish all of these elements: A false statement of fact was made about you. The statement was “published” (communicated to someone other than you) The statement clearly referred to you. The person made the statement intentionally. The statement caused you actual harm.
In Arizona, a statement that does any of the following is slander per se: Charges a contagious or venereal disease, or that woman is not chaste; or. Tends to injure a person in his profession, trade, or business; or. Imputes the commission of a crime involving moral turpitude.
To bring a successful defamation claim in California, you must prove four facts: That someone made a false statement of purported fact about you: That the statement was made (published) to a third party; That the person who made the statement did so negligently, recklessly or intentionally; and.
If an employee slanders you, you should almost certainly fire them for their egregious behavior. The employee is causing harm to your business and has proven to be dishonest. Just make sure you follow all company procedures before you fire the employee.
A small claims lawsuit is a voluntary and simplified procedure. Small claims court may only decide lawsuits in which the plaintiff's claims are not more than $3,500 and the defendant's counterclaims are not more than $3,500, not counting interest and costs.
Resolving civil disputes if damages are less than $3,500. Parties in a small claims action may be represented by an attorney only if both parties agree to the use of attorneys. Filers of small claims actions do not have the right to appeal or the right to a jury trial.
Exclusive of interest and costs, a small claims lawsuit cannot have a claim amount for more than $3,500. If you wish to file a lawsuit for an amount over $3,500, but less than $10,000, you may file a civil lawsuit in the justice court.
Small Claims. Resolving civil disputes if damages are less than $3,500. A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.
Arizona's Justice Courts have exclusive jurisdiction over all Small Claims filings. In the justice court, you may file a small claims lawsuit claiming an amount UP TO AND INCLUDING $3500.00.
