QUESTION
How can we sue for character defamation?
Asked on Jan 21st, 2013 on Personal Injury - Florida
More details to this question:
My wife works with a caregiver agency as a Certified Nursing Assistant, and she gets to work with elderly clients two nights a week. She is a very humble and honest person, and does her job with the same demeanor, as she would take care of her own grandparents. Unfortunately, her current client, who already had been relating to my wife with a somewhat racial contempt, called the agency to report my wife for using her bathroom, wearing her pants, and the worst, stealing her perfume. The agency in turn relieved my wife of her job as a result. Now my wife is very ashamed and feels emotionally injured. I can't watch my wife suffer this kind of humiliation, this is the zenith of de-humanization and character defamation. How could my wife be accused of stealing something as cheap as perfume. I want to sue the agency and the client; I want to make sure my wife is vindicated and duly compensated for this humiliation. I want to watch my wife regain her dignity and pride as a responsible lady. Please, how can you help me?
4 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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This is not a dispute that can be resolved by court action. She should be glad to be done with this assignment and ignore the accusation. Good nursing asst's are in short supply. She should ask for another assignment or find a new agency employer. Don't waste time or energy fighting an old bat and her baseless allegations, which if true, don't amount to diddly squat. By acting humiliated, your wife is acting guilty of the charge. She has nothing to apologize for or be ashamed of so don't act that way. Court cases involve a lot of stress, depositions, court testimony and expense. Your complaint doesn't not belong in court.
Answered on Jan 23rd, 2013 at 4:56 PM
Ronald A. Steinberg
It sounds like an elderly patient with dementia and so I am not sure what you can do. I suggest a meeting with the employer to set the record straight.
Answered on Jan 23rd, 2013 at 4:55 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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And you will spend a lot of money to possibly obtain no relief. Your wife should write a letter to the agency and explain that she did nothing. The client is old, needs care, so probably is not in full use of her faculties which means that it will be hard to prove intent. And damages? Did your wife lose her job or only not working for that person? If she didn't lose her job, then the agency knows that his is a cantankerous person who probably should not be listened to.
Answered on Jan 23rd, 2013 at 4:55 PM
Automobile Negligence Attorney serving Orlando, FL
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You can sue the person who made the statement for slander, but not the agency. You need to consult with an attorney who handles defamation cases. Slander is the publication (saying it) of a false statement to a third party. The action on that slanderous statement by your wife's employer would constitute the damages your wife has suffered.
Answered on Jan 22nd, 2013 at 12:41 PM