Full question:
I am a realtor employed by a large firm and was unfairly treated by the acting assistant broker of my office at the time. I have since moved to another broker's office from the same firm. I was falsely accused 5 times for something I did not do (five different incidents). What repercussions do I have against that one assistant broker? Also rumors were spread about me after my move and he threatened me behind close doors to actually hit me.
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Alabama
Answer:
Conduct that harms other people or their property is generally called a tort.; It is a private wrong against a person for which the person may recover damages.; The injured party may sue the wrongdoer to recover damages to compensate him for the harm or loss caused.;
The tort of intentionally causing mental distress arises when a defendant purposely subjects a plaintiff to unnecessary emotional distress.; Outrageous conduct must generally be present.; For example, if a person bawls someone out in public with the intent to humiliate the person, this could possibly be the tort of intentional infliction of mental distress.; Damages must be proven, however.
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 is 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 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 relevance of an alleged slanderous statement by an employee about another employee may be protected by a qualified privilege from liability for slander. However, the alleged slanderous statements must not be malicious and must be made regarding a matter within the range of the employer's business.
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.
