a somewhat well known VP of a well known ambulance service has allowed his staff to continually gossip about me and was spreading a rumor i was having an affair with a different ambulance vendor in our field. they continually bully me and make me feel intimidated. i attempted to address this situation with the certain employee of his, who denied saying anything. now this person wants to involve my supervisor and continues to refer to me as mindless and delusional, an email which he then broadcast to numerous people in his office who were not directly involved in the situation i was trying to clear up.
DEFAMATION
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 defamation.
Although defamation is primarily governed by state law, the First Amendment safeguards for freedom of speech and press limit state law. New York Times v. Sullivan, 376 U.S. 254, 264 (1964); Masson, 501 U.S. at 510. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion. Milkovich, 497 U.S. at 20 (rejecting categorical exemption of all statements in form of opinion; statement that may imply verifiable assertion of fact is actionable).
To determine whether a statement implies a factual assertion, courts examine the totality of the circumstances in which it was made. First, they look at the statement in its broad context, which includes the general tenor of the entire work, the subject of the statements, the setting, and the format of the work. Next they turn to the specific context and content of the statements, analyzing the extent of figurative or hyperbolic language used and the reasonable expectations of the audience in that particular situation. Finally, they inquire whether the statement itself is sufficiently factual to be susceptible of being proved true or false. See Partington v. Bugliosi, 56 F.3d 1147, 1153 (9th Cir.'94) (applying three-factor test as the starting point for analysis); Unelko Corp. v. Rooney, 912 F.2d 1049, 1053 (9th Cir.'90), cert. denied, 499 U.S. 961 (1991).
'[T]he First Amendment requires that the courts allow latitude for interpretation.' Partington, 56 F.3d at 1154 (quoting Moldea v. New York Times Co., 22 F.3d 310, 315 (D.C.Cir.), cert. denied, 115 S.Ct. 202 (1994)).
The speaking slanderous words of a person so as to hurt his good fame.
In the United States, the remedy for defamation is by an action on the case, where the words are slanderous.
Christopher Houston SchulzEducation Law AttorneyRound Rock, TX ·
I think a less extreme remedy would be to write a letter asking this individual to stop. The letter can be from you or an attorney. A letter from an attorney would probably cost less than litigation. A letter from an attorney would have more "juice" than if you wrote it yourself.
Second, maybe the company has an internal grievance procedure you can look into.
If these options fail, then you might look into litigation.
Robert Daniel KellyPersonal Injury LawyerSeattle, WA ·
It is possible to sue for slander, libel, defamation of character, etc. I recommend that you speak with an attorney in your area who does that kind of case. Also, see my Legal Guide on the specific topic of Defamation on the Internet. Good luck.
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Lars A. LundeenPersonal Injury LawyerRutland, VT ·
I suggest that you speak with the Human Resources Department or your general manager where you work, explaining how these false allegations are causing you unease and are disrupting your ability and the ability of the rumor mongers to do their work. Another option would be to retain an attorney to write a letter to the rumor mongers, requesting them to cease and desist or otherwise you will file legal action against them for defamation. That sort of letter usually will get their attention.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
