QUESTION
Can I sue an employee for loss of pay for libel and slander civilly" New York State
Asked on Jan 21st, 2014 on Civil Litigation - New York
More details to this question:
A coworker wrote a statement as a witness claiming that I committed workplace violence causing me to lose my job and pay but during my unemployment hearing with the judge I was awarded my unemployment because she did not come and contest as a witness basically finding her not creditable. How are also had a workman comp hearing which I was being denied payment because of how witness statement and the Workmen's Comp. judge found her not creditable for showing as well as not credible her in the statement that she wrote. So basically I have 2 New York State judges and (unemployment and workman comp) and they both found her not creditable and not her statement not believable so what I would like to know is can I sue her in Civil Court, For loss of income due to fabricated statement and what is the stature of limitations to sue in civil court for loss of income
1 ANSWER
When you say this co-worker wrote a statement as a witness, was that in the context of some legal proceeding? If so, the statement is probably absolutely privileged. Even if not, it is normally very difficult to prove a libel or slander suit. For example, defamation (libel or slander) only applies to misstatements of fact ("I saw him throw the first punch"), not to statements of opinion ("He was most at fault for the fight").
In New York, the statute of limitations on defamation is one year from the date of the defamatory statement.
Answered on Jan 21st, 2014 at 11:31 AM