Legal Question in Civil Litigation in California

Re: Defamation

When my wife cheated on me, I got a divorce. It was the best money I ever spent. Why in the world would the employer of the guy she cheated with be responsible? They will probably laugh out loud at your letter when they receive it. Do yourself a favor and save yourself form further humiliation. Get rid of her and get on with your life.

Very truly yours,

Re: Defamation

I would not recommend doing so. You and your wife should discuss the issues and get assistance if required.

Re: Defamation

If what you wrote is true than you should not be liable for defamation. You might, however, be liable for interference with economic advantage, inducing breach of contract, invasion of privacy, false light publicity, or other causes of action. There is also the risk that the other man will claim you lied about him; if a jury believes him you could be liable for defamation even if you didn't really defame him.

The fact that the man met your wife while on business does not mean he carried on his relationship with her while performing his duties. Employers are generally not liable for what their employees do on their private time -- even if they do it with someone they met while on the job.

Your grievance is with the individual, not the business. Dragging the business into it seems like a remarkably bad idea.

Re: Defamation

If what you state in your letter is true, it cannot be the basis of a defamation cause of action, as "truth" is a defense. However, why are you doing this? From what you say, this person did not breach any moral or ethical obligation owed to you (nor did his employer); rather, it is your wife who owed moral, ethical and legal obligations to you and she abandoned or ignored those obligations. Your wife is the one whose ethics and morals should be questioned.