Legal Question in Constitutional Law in Pennsylvania

defamation

I sent an email to an employer about a co-worker. I stated that she is rude and asked if the company could provide her counseling so that she won't be so miserable. He passed the email to her boss who then showed the email to her. Now she wants to sue me for defamation. Am I protected under either ''conditional privelege'' since it was a complaint addressed to my employer that I thought was in the interest of the company or possibly under ''opinion'' since it is my opinion that she is rude and although we can both produce witnesses to support or deny that claim it can't be proven true or false?


Asked on 4/04/04, 5:43 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: defamation

If she actually files such a suit, I think you will win based on the common interest privilege of Civil Code section 47(b). You might also be able to argue that the statement was mere opinion, but even opinions can be defamatory if they imply that the defendant has a factual basis for that opinion.

You may also have another argument available -- truth. Only false statements can be defamatory, so if you can prove that she actually is rude then you should win on that basis.

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Answered on 4/04/04, 9:26 pm


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