Posted by
mallyal
19 yrs ago
Hi can any one tell me if there is any action that can be taken against an employer sending a very daming email saying very bad upsetting things about an employee?
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Is the email cc or forwarded to someone else? The basis of defamation lawsuit is the defamatory material has to be communicated to another party other than the party referred in the defamatory material.
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it was referred to 2 other peaple one of whome was my husband.
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Please can any one give me any advice on this one?
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UH20
19 yrs ago
Yes, you can sue for libel. Unless you can show that what is said about you is a) not true and b) defamatory, you may not prevail though.
Also, you need to pay careful attention to the wording used in the e-mail. For example, if I say that So-And-So is an a**hole, that is not defamation. Simple insults do not rise to the level of defamatory speech. If, however, I say that So-And-So is a prostitute, that is, barring truthfullness, defamatory and, thus, actionable.
One other thing to consider is that one's opinion is not defamatory. Again, if I say So-And-So is a child molestor, barring truthfullness, it is actionable. However -- and pay very close attention -- if I see that it seems (or in my opinion / or that some may thing) So-And-So is a child molestor, that is definitely not actionable and is, in fact, protected speech.
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