Legal Question in Personal Injury in Maryland
Libel, Slander, & Defamation
I have a situation where a person is making false accusations and starting rumors about me. I realize this will and does happen regularly; however, this person is doing this to intentionally cause me problems and has costed me two positions in two diffrent organizations. I am in the process of filing greviance against her being that she is/was my direct supervisor. I would like to take furthur actions to stop the progression of this. The local courts have not been extreemly helpfull in informing me of what rights I have in this matter. I also realize that proving libel in court is difficult. I would just like to let her know that I would like this to stop and if it does not I will take furthure actions.
To give an idea of what is being said. Here are just a couple of the most serious.
I have drug and assult convictions - I do not have any covictions of any kind
I have broken into offices and removed things such as money, keys, records, ect - I have in no way done any of the such
2 Answers from Attorneys
Re: Libel, Slander, & Defamation
Maryland holds to old English law with regards to slander (i.e., the spoken word) and has, as England did in the 1500's, established set categories of such defamation. One set aside is any spoken word relating to one's occupation. As a result of this adoption of "old" English law, there are several categories where damages are presumed in a tort action...one of these are slandering another's occupation. You may have such an action. But, it seems that what you really want is to stop these comments.
Adminstrative actions may be most probable. However, an injuction could better serve your needs. At a minimum, I suggest that you put in writing an attestation regarding your position with regard to the allegations and make things clear with respect to any future actions that may be taken against you.
If you need help in drafting such a letter, please feel free to contact me.
Re: Libel, Slander, & Defamation
The actions you attribute to your supervisor would constitute defamation, and could result in a court victory against her if it can be proven that she knew of the falsity of her statements and acted with malicious intent against you. However, you might be unable to recover any damages against her unless she has sufficient assets in her individual name to collect against. Thus you have to weigh the cost of bringing such a suit against the likelihood of receiving damages. Of course, if the threat of taking her through the court system results in a cessation of these activities, it may be worth it even if you don't follow through with the suit.