Libel & Slander Questions & Answers by State
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Libel & Slander Questions & Answers
Q: An employee in NY state had been using a personal "trail camera" to record other personnel on company property.
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Libel & Slander and Sexual Harassment
for
New York
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
V. Jonas Urba's answer
Maybe? Are you part of management or do you own the company or the building?
A well trafficked area could be a restroom and that would certainly not be legal. We all have expectations of privacy there.
Analysis. Assuming you do not work for the government, did surveillance cause damage (usually financial) to the building owners, the company, or any employee? How do we know? Did anyone breach their duty of loyalty to the company? If you market and sell surveillance equipment at...
Maybe? Are you part of management or do you own the company or the building?
A well trafficked area could be a restroom and that would certainly not be legal. We all have expectations of privacy there.
Analysis. Assuming you do not work for the government, did surveillance cause damage (usually financial) to the building owners, the company, or any employee? How do we know? Did anyone breach their duty of loyalty to the company? If you market and sell surveillance equipment at...
Q: Can a judge deny expungement due to a failed drug test during probation?
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law and Libel & Slander
for
Wisconsin
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
William F Sulton Esq.'s answer
The law is that you must successfully complete your probation. That differs from whether you were revoked. But given that you were not revoked, I have question about why your case ended up back in front of a judge. Expungement is supposed to happen automatically when the clerk of court receives paperwork from the probation office. Because you were not revoked, I wonder why clerk of court did not expunge the record. It sounds like a mistake on the clerk's part.
The law is that you must successfully complete your probation. That differs from whether you were revoked. But given that you were not revoked, I have question about why your case ended up back in front of a judge. Expungement is supposed to happen automatically when the clerk of court receives paperwork from the probation office. Because you were not revoked, I wonder why clerk of court did not expunge the record. It sounds like a mistake on the clerk's part.
Q: Can I be prosecuted if I am a fan refusing to leave a high school sports game (soccer), and the referee asks me to?
1 Answer
| Asked
in
Entertainment / Sports, Criminal Law and Libel & Slander
for
Kentucky
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Timothy Denison's answer
The ref does not have the authority to eject or remove anyone from the game or stadium and you do not have to leave. However, if school officials ask you to leave the game, you should leave becacuase if you remain you could be arrested and charged with Criminal Trespass.
The ref does not have the authority to eject or remove anyone from the game or stadium and you do not have to leave. However, if school officials ask you to leave the game, you should leave becacuase if you remain you could be arrested and charged with Criminal Trespass.
Q: Hello, I have a question regarding drug court. I recently had (in February mid February) missed a court date.
1 Answer
| Asked
in
Civil Litigation, Criminal Law, Gov & Administrative Law and Libel & Slander
for
California
on
Answered on Apr 12, 2018
Answered on Apr 12, 2018
Dale S. Gribow's answer
more info is needed
when you do not appear a bench warrant is issued. They do not notify you of that BW.
you should have responded when the police were there and just made the case a lot more complicated.
no idea what all the warrants are for but certainly not good for you;
more info is needed
when you do not appear a bench warrant is issued. They do not notify you of that BW.
you should have responded when the police were there and just made the case a lot more complicated.
no idea what all the warrants are for but certainly not good for you;
Q: where can i find an advocater to help file for erroenous conviction in california?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Intellectual Property and Libel & Slander
for
California
on
Answered on Apr 12, 2018
Answered on Apr 12, 2018
Hayden Gifford Smith's answer
Are you the aggrieved party? In other words, are you saying that you wrongully imprisoned? Did you serve out the sentence?
Are you the aggrieved party? In other words, are you saying that you wrongully imprisoned? Did you serve out the sentence?
Q: How should I deal with an old employer that is working [success.ly] to blacklist me and reveal I was on leave for years?
H. Scott Aalsberg Esq.'s answer
You could have a lawyer send them a letter but that will cost you a lot of money and still may not help, but it is a start.
You could have a lawyer send them a letter but that will cost you a lot of money and still may not help, but it is a start.
Q: Can I be liable for what others state on Facebook if I'm a administrator or moderator of a group?
Timothy R Johnson's answer
Generally...no. If you did absolutely nothing else to "re-publish" the statement, then there's almost no possible way that the plaintiff can allege you engaged in any wrongdoing. It would only be wrong if you know that information posted is wrong, and defamatory (impugns on the reputation of another), and you take actions to "re-publish" that information to others (ex: re-post the information yourself; re-open a closed discussion on the topic; etc.).
If you are already being sued by...
Generally...no. If you did absolutely nothing else to "re-publish" the statement, then there's almost no possible way that the plaintiff can allege you engaged in any wrongdoing. It would only be wrong if you know that information posted is wrong, and defamatory (impugns on the reputation of another), and you take actions to "re-publish" that information to others (ex: re-post the information yourself; re-open a closed discussion on the topic; etc.).
If you are already being sued by...
Q: What can I do when when someone excuses you of stealing from their store but you didn't do it
Ronald J. Eisenberg's answer
If someone falsely accuses you of stealing you can deny the accusation. Without more facts, I'm not sure what to tell you. I don't know if there are criminal charges against you, whether any harm has resulted from the false accusation, or what you want to do.
If someone falsely accuses you of stealing you can deny the accusation. Without more facts, I'm not sure what to tell you. I don't know if there are criminal charges against you, whether any harm has resulted from the false accusation, or what you want to do.
Q: I have been done seriously wrong by the city of Edgewater, Florida. How can I find a lawyer who will fight the city?
1 Answer
| Asked
in
Admiralty / Maritime, Civil Rights, Gov & Administrative Law and Libel & Slander
for
Florida
on
Answered on Apr 2, 2018
Answered on Apr 2, 2018
Gordon Charles Webb's answer
Go online and look for an attorney with experience handling civil rights claims.
Go online and look for an attorney with experience handling civil rights claims.
Q: HI, I am being sued for reporting a car salesman to the main company.
Terrence H Thorgaard's answer
You should get an attorney. Truth is a defense; if what you reported was true such a suit would not succeed. And, by the way, you would have to be served with process, normally in person. An email won't work.
You should get an attorney. Truth is a defense; if what you reported was true such a suit would not succeed. And, by the way, you would have to be served with process, normally in person. An email won't work.
Q: My brother is posting false degrading things about me on facebook, can I sue him for slander?
Terrence H Thorgaard's answer
You may be able to sue for defamation, if you can prove monetary damages, but it is extremely rare to get a court to enjoin the activity (posting on Facebook in your case).
You may be able to sue for defamation, if you can prove monetary damages, but it is extremely rare to get a court to enjoin the activity (posting on Facebook in your case).
Q: Is it libel to say someone has been accused of a crime, when you are the accuser?
H. Scott Aalsberg Esq.'s answer
You would need to pay a lawyer for a consultation on the law as this website allows you to ask question but it is not a legal service provider where you can get or be give specific answers. However in general if some is accused of a crime it generally means they were charged by the police.
You would need to pay a lawyer for a consultation on the law as this website allows you to ask question but it is not a legal service provider where you can get or be give specific answers. However in general if some is accused of a crime it generally means they were charged by the police.
Q: Can you tell a true story on a podcast, change names and locations and it be legal? Can a teacher do this?
2 Answers
| Asked
in
Entertainment / Sports, Communications Law and Libel & Slander
for
Pennsylvania
on
Answered on Mar 26, 2018
Answered on Mar 26, 2018
Peter Munsing's answer
Depends on the circumstances. It is not illegal but it could make it a case for libel.
Depends on the circumstances. It is not illegal but it could make it a case for libel.
Q: My wife is looking to leave and is spreading lies about me.
Joseph Jaap's answer
The court can issue an order not to make any statements about each other. During the divorce, if one spouse has made false statements relevant in the divorce, the other spouse can give testimony and evidence to refute those statements. Until a divorce is filed, it is more difficult to stop such statements. Use the Find a Lawyer tab to retain a local divorce attorney who can review the situation with you and discuss your options.
The court can issue an order not to make any statements about each other. During the divorce, if one spouse has made false statements relevant in the divorce, the other spouse can give testimony and evidence to refute those statements. Until a divorce is filed, it is more difficult to stop such statements. Use the Find a Lawyer tab to retain a local divorce attorney who can review the situation with you and discuss your options.
Q: My neighbor is telling multiple people we shot a dog in the neighborhood and it is not true. Can we sue for slander?
Terrence H Thorgaard's answer
If the false statements tend you injure your reputation and you can prove damages, yes you can sue.
If the false statements tend you injure your reputation and you can prove damages, yes you can sue.
Q: Can a supervisor allow only 2 out of 3 employees the opportunity to work Overtime? all 3 are members of Laborers union
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Civil Rights and Libel & Slander
for
Rhode Island
on
Answered on Mar 3, 2018
Answered on Mar 3, 2018
Bernard P. Healy's answer
I do not have sufficient information to answer this completely or with true accuracy. Under Federal and Rhode Island Law, a supervisor cannot discriminate against employees for certain reasons. Those reasons are race, gender, age, disability, perceived disability, ethnic background, religious affiliation, etc. If you are being passed over for over time secondary to these types of discrimination, you have a remedy you can pursue either in Court or at the Rhode Island Commission for Human Rights....
I do not have sufficient information to answer this completely or with true accuracy. Under Federal and Rhode Island Law, a supervisor cannot discriminate against employees for certain reasons. Those reasons are race, gender, age, disability, perceived disability, ethnic background, religious affiliation, etc. If you are being passed over for over time secondary to these types of discrimination, you have a remedy you can pursue either in Court or at the Rhode Island Commission for Human Rights....
Q: My ex made a false Craigslist ad for prostitution with my picture on it, can I sue him?
Nicholas Nelson's answer
Quite possibly. I would need to discuss with you all the facts and circumstances before rendering further advice.
Quite possibly. I would need to discuss with you all the facts and circumstances before rendering further advice.
Q: Can I do anything about my ex-fiancee spreading lies about me at my former workplace?
2 Answers
| Asked
in
Criminal Law, Civil Litigation and Libel & Slander
for
Texas
on
Answered on Feb 26, 2018
Answered on Feb 26, 2018
Grant St Julian III's answer
You describe nothing criminal; your ex believes what she believes, and the police have bolstered her opinions and given her confirmation that you caused the problem. Your mutual friends and co-workers will decide who and what to believe, and if any of them do not want to hear your side of the story, they probably weren't your friend to begin with.
You describe nothing criminal; your ex believes what she believes, and the police have bolstered her opinions and given her confirmation that you caused the problem. Your mutual friends and co-workers will decide who and what to believe, and if any of them do not want to hear your side of the story, they probably weren't your friend to begin with.
Q: Can a lawyer disclose if the plaintiff's retainer has been paid to the defendant if they were to call and ask?
1 Answer
| Asked
in
Family Law, Child Custody and Libel & Slander
for
Illinois
on
Answered on Feb 26, 2018
Answered on Feb 26, 2018
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