Legal Question in Civil Rights Law in New York

Is this slander?

I work as a Correction Officer for the state. I injured myself at work and i am out on comp. I was recently told that a Lieutenant where i work told another officer that i was on a ski trip with my wife and another couple. This other couple told this to the lieutenant. I don't know who this other couple is as of yet. None of which is remotely true. Do i have any recourse?


Asked on 2/19/07, 6:45 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Is this slander?

It depends upom who said it and what the context of the statement was.

If it was said by a co-worker to a supervisor, solely to bad mouth you,

I think that would constitute a waiver of any qualified privilege that might attach to the statement as a "common interest matter" (like a

performance review).

You state a couple told the lieutenant: if it was only their opinion, then you have no recourse.

If it was intended as a statement of fact, and understood as one, and you can prove "special damages" (such as demotion or termination) you have a case.

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Answered on 2/23/07, 9:53 pm


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