Legal Question in Constitutional Law in Indiana

slander per se

If a former employor speaks negatively about your performance in your occupation to an administrative law judge does this constitute slander per se.


Asked on 6/22/00, 1:00 pm

2 Answers from Attorneys

Todd Richardson Law Offices of James W. Grow, PLLC

Re: slander per se

Slander, in general, is a oral statement, which is untrue, and which is published, and

which damages your reputation in the relevant community.

Generally, there is immunity for things said in court proceedings.

Also, truth is always a defense.

Even if there is no immunity, and the statements are untrue, then you would

have to prove damage in the relevant community. An administrative law judge

probably would not qualify.

Slander per se is different from slander in that you don't have to prove damages

to recover ... you must still prove damage to your reputation, but not the monetary damages

since they are presumed. To qualify for slander per se, you must meet the above elements PLUS

the statement must be accusing you of a crime, of having a loathsome disease, or a few other specific

allegations.

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Answered on 9/01/00, 9:14 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: slander per se

No. Nor is it slander if it is the truth.

Also, most things said in the judicial setting are immune from civil liability for slander.

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Answered on 9/01/00, 10:01 am


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