Defamation of Character?

I have a witness to a defamation of character situation who is willing to testify in court. Basically, I am being abused at a job site. My boss who hates me decided to use one of my coworkers to increase my anxiety by showing up late to relieve me or not coming at all. I finally had enough and decided to go over my boss to report a coworker who has been relieving me very late on a weekly basis for over one year.

The coworker was terminated and my coworkers blame me for his termination. My coworkers decided to give me the silent treatment. It was my weekday supervisor who decided to defame my good name and character. Do I have a defamation of character case? I have a witness who is willing to testify. What do you say?

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  • 4 years ago
    Favorite Answer

    You have no case.

    Defamation of character isn't really something you can sue over. You can sue if he committed slander or libel, but to win such a suit, you have to prove a few things in court.

    1st- That he said something that was FACTUALLY untrue (i.e. he is a convicted felon, even though you are not). A statement of opinion (i.e. I think he is a jerk) is not a factual statement. Here, there doesn't even seem to be a statement that was made, and certainly not something that was untrue.

    2nd- That the person who made the statement knew it was untrue when it was said. So even if there is an untrue statement, you have to prove it was an intentional lie.

    3rd- That you suffered actual financial damages. Hurt feelings are not actual damages. You don't get free money because people are being mean to you. Basically, you would have to show that the factually untrue statement lead to you losing a source of income, such as your job. You have not suffered any actual damages here, so even if you can prove the 1st two elements, all you would get is a moral victory. No money lost means no money awarded in a lawsuit.

    So the bottom line, no, you don't have a case.

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  • 4 years ago

    You have no idea what defamation of character is. Don 't use terms you do not understand. You have nothing but a petty situation at work. Since you are not happy with all of the BS and drama, why don 't you look for another job?

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law and Defamation, Libel & Slander law experience.
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  • 4 years ago

    How was your character defamed? Did someone lie about you? Your story mentions nothing that would be related to defamation.

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  • Squid
    Lv 7
    4 years ago

    What you describe is not defamation of character.

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  • Anonymous
    4 years ago

    YOU whined. The guy got fired. It IS your fault - if you didn't whine about him he would still be there.

    At any rate, talk to a lawyer. Make sure NOT to count on the employee who is a "witness." They won't be.

    You should also know that the silent treatment isn't against the law, because there are no laws that say coworkers have to be all nice to you and like you.

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