Legal Question in Employment Law in Florida
slander ?
Ex PhD supervisor sent a letter to every potential employer about me being a unethical worker and psychologically sick person then awarded me my PhD cum laude. THis person is also a world renouned researcher and his worlds are listened by almost everyone.
Ever since i tried to get back from this terrible experience, i cant seem to find a job considering the fact that the letter is still hurting me and that he actively dissuade anyone to hire me.
Is this kind of practice legal ?
2 Answers from Attorneys
Re: slander ?
If untrue things are being published about you, it is likely defamation. You can demand that it stop and sue in state court. It is difficult, though, to undo the damage. (It is also difficult to prove, unless people admit they were told certain negative things about you by the person defaming you, or there is documentary evidence.)
Please call me for a free consultation if you want to review your options.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: slander ?
Generally, an action for libel will lie for false and unprivileged publication by letter, or otherwise, which exposes person to distrust, hatred, contempt, ridicule or obloquy or which causes such person to be avoided, or which has tendency to injure such person in his office, occupation, business or employment.
The elements of a cause of action for libel are: (1) the defendant published a false statement (2) about the plaintiff (3) to a third party and (4) that the falsity of the statement caused injury to the plaintiff.
Therefore as long as all of the foregoing elements are present for either libel or slander then you will have a cause of action.
And as to proving damages, I agree that it is difficult, however when the defamation refers to someone's profession then damages are presumed to have occurred, the only question is how much?
Sincerely yours,
Randall Gilbert