I know that the dealership provided very specific and inaccurate comments because my room mate recruits for the other dealerships and the hiring managers both told me him about the specific comments made by the original local dealership in Northern Virginia. As a result of the dealerships comments, I lost two job opportunities. Do I have a reasonable claim against the dealership?
Yes, if you have specific comments that were made about you that were statements of FACT, as opposed to statements of OPINION, and those statements of FACT are provably false, then you may have a viable claim for defamation per se. The "per se" part arises because the statements were presumably made concerning your ability to conduct your chosen trade, profession, etc. That is important because it means that you do not have to prove your actual damages; the jury is entitled to presume that you were damaged and award you damages. In addition, if we can prove that the statements made about you were made with knowledge of their falsity or with reckless disregard for their truth or falsity, then you could be awarded up to $350,000 in punitive damages-in addition to any compensatory damages, which in and of themselves could be very substantial. Depending on the statements and other surrounding circumstances, you may have a good case.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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