Slander & Libel
Oftentimes, victims of discrimination, harassment and
wrongful termination are "bad-mouthed" or "blacklisted" by their employers or
supervisors after the employment relationship has ended. Such defamatory acts
may be challenged in court under the doctrines of libel (written) and slander
(oral statements). Libel and slander are legal claims for false statements of
fact about a person that are printed, broadcast, spoken or otherwise
communicated to others. Libel generally refers to statements or visual
depictions in written or other permanent form, while slander refers to oral
statements and gestures. The term defamation is often used to encompass both
libel and slander. In order for the person about whom a statement is made to
recover for libel, the false statement must be defamatory, meaning that it
actually harms the reputation of the other person, as opposed to being merely
insulting or offensive.
The statement(s) alleged to be defamatory must have
been published to at least one other person (other than the subject of the
statement) and must be "of and concerning" the plaintiff. That is, those
hearing or reading the statement must identify it specifically with the
plaintiff. The statement(s) alleged to be defamatory must also be a false
statement of fact. Since name-calling, hyperbole, or exaggerated and heated
words cannot be proven true or false, they cannot be the subject of a libel or
slander claim.
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 277-2950
- Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
place, please visit our other websites:
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