Full question:
What can I do to a woman that has spread false allegations around about me and it cost me my job and has the potential to cost me further jobs. However her husband is the DA in the county over..what can I do to stop this ?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: North Carolina
Answer:
It may be possible to send a cease and desist letter (see links below), or to bring a lawsuit for defamation. Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. In order to prove defamation, the plaintiff must prove:
1.; that a statement was made about the plaintiffs reputation, honesty or integrity that is not true;
2.; publication to a third party (i.e., another person hears or reads the statement); and
3.; 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. Typically, damages, such as loss of earnings, demotion, firing, denial of benefits, etc. would need to proven to show harm in the workplace.
Libel is a form of defamation that consists of making false written statements about a person which would damage that person's reputation. 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. Case law from various jurisdictions supports the principle that, generally, information released by the police, including reports and records, is considered to be a report of an official action subject to a privilege against a charge of defamation. To prove defamation it must be shown that the person did not have a belief in the statement made, or failed to make a reasonable investigation into its truth.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
