Legal Question in Civil Litigation in California
I am a Financial Controller. My ex-employer is telling vendors lies about me and my performance on the job, lies that can affect my career. For example, there was a severe cash-flow problem during my employment, as the owners refused to put funding or financing into the company. I had very little cash to pay bills; I was very forthright with the vendors about it. After I left, the owners starting emailing vendors that I had racked up $360,000 in debt without telling them. I have numerous emails from these employers proving these lies are in fact false. I can prove they knew and that they refused to help. Do I have a possible case for defamation per se?
3 Answers from Attorneys
Did someone refuse to do business with you because of the false statements? What dollar amount can you prove you were you damaged by the false statements?
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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As Mr. Bakondi implies from his blunt questions, unless you can prove actual damages - i.e. loss of income or assets - due to the lies, you don't have a case. If you can show actual fiscal harm, however, then it sounds like you may have a good case of defamation.
In any lawsuit for defamation, you need to be prepared for a SLAPP motion at the outset. A SLAPP (Strategic Litigation Against Public Participation) motion is a special motion to strike, which forces you to prove that you would reasonably prevail in a lawsuit. If you lose this motion, you lose the case and have to pay the defendant's attorney's fees.
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