Legal Question in Civil Litigation in New York
defamation and harrassment
HI. I have an employee who is presently embroiled in a nasty custody battle. Though I do not know his wife (I have never met her, they were divorced long before I hired him,) she has taken it apon herself to begin to harrass me. She has done things, both herself and through her friends to defame myself, my retail business, and my dj service. I have lost work because of her, I am astounded by this. I believe she is trying to make me fire a good employee by doing this.
I have tried very hard to ignore this, and have asked my employee if he would take care of this problem, but I can't seem to get anywhere, because, in his words, "she's a psycho."
Is there any legal measure I can take to get her to stop this defamation of character? I don't want anything to do with this woman, she scares me, and I believe legal action is the only way.
Thank you.
2 Answers from Attorneys
Re: defamation and harrassment
If she is making defamatory statements which have caused you a loss of business, you may have an action for defamation. The question of whether or not her statements are "defamatory" depends upon their content. In circumstances such as these, one of the best solutions is to arrange for an attorney to send her an appropriate letter demanding that she cease and desist from any conduct which is detrimental to your business. Should you desire, you may contact our office and schedule a free consultation in this regard.
Re: defamation and harrassment
The first thing that you must find out is exactly what she is saying. If she is declaring a fact that is untrue ("He failed to appear and work as a DJ at the Jones' party"), it is slander. Slander is actionable. If you are successful, you may collect damages as a result of the untruth. If she is declaring an opinion ("He is a terrible DJ because he plays Duran Duran"), this is opinion statement and not actionable.
The second thing that you must do is gather evidence. In other words, find out who heard her statements, and record their story (either on paper, recording or from an independent witness).
The third thing you must do is quantify your damages. If you are going to sue, you must be able to show a loss.
In terms of harranssment over the telephone, if she threatens you with physical harm, that is a crime and you should contact the police.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
