QUESTION
If someone posted on social media and in the news about your dui because they lost a promotion to you. Can you go after them for harassment?
Asked on Feb 02nd, 2018 on Corporate Law - Pennsylvania
More details to this question:
I beat someone out in an interview and got the promotion. They then went to the news and brought up a dui that I had from 5 years ago. After that the employee left the company and is now sueing that company because I beat them out. I am now being interrogated by his lawyers because I beat him and I have a dui which is irrelevant. They are embarrassing me and bringing up something that isn’t on my record anymore. Can I go after the person for harassment?
1 ANSWER
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I know this isn't what you are hoping to hear but probably not. Defamation is the communication of false information intended for harm. If you did, in fact, have a DUI, then telling someone about it would fail the necessary element of falsity. Perhaps there's something else that this person stated that might rise to the level of falsity. Even if it did, the fact that you suffered embarassment is probably not enough for a court to award you damages or for you to incur legal fees to sue the person for damages. I don't think the police would accept a criminal complaint for harrassment under these circumstances.
Answered on Feb 05th, 2018 at 2:22 PM