Legal Question in Civil Litigation in New York

Slander options

I recently discovered through a very reliable source that a former co-worker has been slandering me for 10 years. This has been corroborated.

She has repeatedly told this very damaging story to my former coworkers and current colleagues. Suddenly, there was a huge change in attitudes towards me at the office and in my industry. For example: A potential job opportunity evaporated and I could not even so much as get an interview � even though the person setting up the interviews had known me personally for quite some time and had pleasantly guaranteed a meeting. After this woman put out this damaging rumor, I couldn�t even get my calls returned. This scenario repeated itself over and over. Despite objective successes in my field, I have not been able to secure a job in years. Now that I know what has been said I finally understand why no one will even consider meeting me. The financial impact is huge. I can't begin to discuss the emotional impact. She repeated this story again just within the last few days. That is how I came to learn of what was occurring.

Obviously this story is much longer than this space allows. But based on this so far, does it appear that I have any recourse at all?

Thank you.


Asked on 4/29/06, 11:46 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Slander options

This is a very damaging series of statements and you do have a solid basis for a 'slander' case.

An action for slander would be successful in that it will motivate the woman to "shut up".

What you will collect in money damages is a little more difficult to project.

The costs of this action will not be high. The trial would be short and the discovery minimal.

You are welcome to a consultation for no fee. Email is best to make an appointment.

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Answered on 4/30/06, 5:01 pm
David Simon Hogan & Rossi

Re: Slander options

Let me start by noting that defamation cases are extremely difficult to prove. She must have misrepresented something as "fact" - and must have known it to be false. Opinions do not count, no matter how bad an opinion it may be. The most difficult part of all, however, is proving actual damages. If the statement communicated to others slanders your business reputation, then it may be "slander per se". This means that it is presumed you have suffered damages. However, you may only be entitled to get "nominal" damages unless you can prove something more concrete. It is very speculative in most circumstances to prove a loss of future earnings and show that you would have otherwise received new business were it not for the slanderous statement. You need to discuss the precise language with an attorney. As to damages, if the language fits the "per se" classification, you will have to decide if it is worth it to bring a case for a nominal sum. It may be worth it, however, if you can get a temporary restraining order, then injunction to enjoin the person from spreading the rumours.

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Answered on 4/30/06, 12:44 am


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