Legal Question in Business Law in Utah

Defamation of Character

My husband and I had a box of our personnel checks stolen and all of those checks had been written and cashed at a large grocery store chain in the area in which we live. While we were in the process of contacting the bank and the police we found out that the collection manager at this grocery store chain that knew us was telling people outside the company that we were writing bad checks. Well news traveled fast and it ended up my father had heard from this lady's daughter so my father calls us asking if we are in financial trouble because he had heard this news that should have been kept very CONFIDENTIAL... The person who cashed all the checks at this grocery store has now been arrested and we are attempting to get our life back in order but it did not help at all that this manager at the grocery store was telling people in the city about our situation. Can anything be done about this lack of confidentiality?


Asked on 12/19/01, 5:37 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Defamation of Character

The law permits one whose name and reputation has been unjustifiably sullied to seek an injunction and make a request for damages for the slander and/or libel. In the legal world, unless you can prove some sort of actual harm it is unlikely that you will obtain redress. The law requires that the actor (grocery manager) to spread the rumor with "malice". In your case he acted with reckless disregard, which is almost as good. However, you apparently suffered only general damage to your reputation and in which case a jury would have to decide how much you are entitled, if anything, for damages. Remember the court only grants injunctions (orders to cease) and money damages.

If I were in your shoes I would approach the highest level of management or the owners of the store and explain what happened, and ask them to (1) censure the manager: (2) publish an apology in the local paper and (3) find some other way to make it up to you.

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Answered on 12/19/01, 6:28 pm


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