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.
2 Answers from Attorneys
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.
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.