QUESTION

I was acaused of embezzlement by former employer after almost 2 yrs in the courts my case was dismissed..Can I sue for slander and such

Asked on Mar 22nd, 2017 on Civil Litigation - Oklahoma
More details to this question:
It was on the news and potential employers were contacted by them and was told not to hire me. I have no criminal record of any kind .
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Assuming that Oklahoma law is the same as in the states where I practice (I would be surprised if it were not, in this area of the law), you cannot assert a claim for slander or libel based on what is said or written in a lawsuit (as long as the statement meets the minimal standard of some pertinence to the action).  What was said to prospective employers outside of court is another matter.  If you can prove that your former employer made false statements of fact (not just opinion, like I would not hire this person, or this person is a jerk) to a third party, you may have a claim for slander (if the statements were oral) or libel (if the statemwnt was in writing, like in an email or letter).  The statements about which you're complaining would seem to constitute defamation per se, meaning they are of a type which are considered defamatory even if the defamed person can't show damages.  If, under Oklahoma law (assuming the statements were made in Oklahoma) they are not considered defamation per se, you you would need to prove that the statements caused you monetary damage, and may have some difficulty doing so, unless you can prove that you would have gotten a job absent the defamation.
Answered on Mar 22nd, 2017 at 3:01 PM

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