QUESTION
Do I have enough for a slander lawsuit against my former employer?
Asked on Jan 23rd, 2014 on Libel, Slander and Defamation - South Carolina
More details to this question:
My former employer found out that I was interviewing for a position at a rival company. The prospective company called for a reference and they gave me a bad one, even though I have on text message that they knew I was a great employee and would give me a great reference. Then after that, the former employer called the prospective employer back and told them not to hire me that i was a thief and had stole a credit card which was absoloutly untrue and I have proof that it was untrue.I also have proof that they had tried to get me to reinstate my employment with them just weeks earlier and I declined so they were only upset that I declined and went to a rival company and therefor tried to ruin my new prospect out of spite. I have no idea how many other companies may have called for a reference and was told the same things. Do I have a case for slander?
1 ANSWER
Criminal Defense Attorney serving Charleston, SC
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Michael G. Sribnick, M.D., J.D., LLC
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This answer does not create an attorney/client relationship. If you can prove by the preponderance of the evidence that you were orally called a thief, you may have a case for slander per se (accused of the crime of theft). If you can prove this was done in writing, you likewise may have a case for libel per se. The terms per se mean that you do not have to, prove monetary damages. In addition, if you can prove monetary loss, you may be entitled to those damages as well. I am a S.C. lawyer and physician. You must prove that these false statements were made, and the only defense to slander or libel is that the statement was true.
Regards to you,
Michael G. Sribnick, M.D., J.D. Attorney at Law
Owner of Michael G. Sribnick, M.D., J.D., LLC
www.michaelsribnicklaw.com
Answered on Jan 24th, 2014 at 2:42 PM