Legal Question in Employment Law in New York

Volunteer Organization

Is it slander or libel when someone sends in a letter to a volunteer Core Board president stating that a member was seen dancing and drinking in uniform? The president refuses to name the accuser. The member states it never happened but president is insisting that the Director of Operations take action. I may add this member has been with the core as a medic driver for over 3 years and has an excellent record. No one that was there on the night in question has been contacted. Doesn't the accused have a right to know who the accuser is?


Asked on 9/02/00, 6:08 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Volunteer Organization

I assume this is a volunteer ambulance corps? I assume it's a private (meaning, not gov't) group. If so, it probably has by-laws which define when a member may be suspended or disciplined. I don't know of any inherent right to a hearing or to know the identity of an accuser, in the context of a private group or club; those rights apply when the government is doing something. You may have greater rights if the ambulance corps has a contract to provide emergency services to the municipality, or is accepting funding from the municipality.

Regardless, it may well be libel if someone in fact wrote such a letter. If it's significant enough, your attorney may be entitled to receive a copy of the letter, even without commencing a full lawsuit under certain pre-litigation discovery procedures in NY's Civil Practice Law and Rules.

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Answered on 10/04/00, 6:31 am


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