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Florida Libel & Slander Questions & Answers
1 Answer | Asked in Libel & Slander and Employment Law for Florida on
Q: Can you sue for defamation of character if you are fired after a customer lied about you?

If a customer lied and said that you were rude to them so you were fired. Now you have to put on future application that you were fired. The customer lied about the whole incident.in Florida. I have never had any complaints about me being rude

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

The tort of slander prohibits someone from publishing or making a false statement or defamatory statement, known to be false. So while you could make a claim against the customer, a matter of opinion isn’t going to help you if that’s the customers opinion. How would you ever prove the customer... View More

1 Answer | Asked in Libel & Slander and Internet Law for Florida on
Q: Are derogatory texts about my 9 yr old daughter between two other parties a case for defamation of character?

My friend's daughter and my daughter are friends. The mother of another child texted my friend bashing my 9 yr old daughter. I've never even met this child or her mom, but this mom has been spreading nasty comments about my daughter to several people in our community. I have text proof of... View More

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2023

A Florida attorney could advise best, but your question remains open for four weeks. At this point, you could reach out to local attorneys who handle defamation matters. However, it's worth keeping in mind that even if a situation meets a textbook definition of libel or slander, many law firms... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Florida on
Q: Would someone filing a complaint about me at work based off of a statement they heard from a 3rd party be defamation?

Someone filed a complaint towards me at work based off of a statement heard from a 3rd party that was not true in which ended up in me being terminated from employment. Would the fact that they heard a statement from someone else and decided to publish it without verifying the truth count as being... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

What you really want to know is if this is ACTIONABLE defamation, meaning the type of defamation for which you can bring a lawsuit for money damages, and whether such a suit would be worthwhile to bring. That cannot be determined from an online inquiry; you need to schedule a consultation with an... View More

1 Answer | Asked in Libel & Slander, Criminal Law and Identity Theft for Florida on
Q: How long can jail hold sister in custody under my name? How will my record be impacted or how much rectification needed?

My name is public under an arrest online in jail records of a person falsely claiming to be me. I'm embarrassed and effecting me in my personal life.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 11, 2023

The jail can hold her until she either bonds out or is offered a time served disposition ; unless you do something about it. If you are not involved in the crime in any way, you can contact the law enforcement involved in the case and inform them of the fraud. Giving a false name to a LEO is a... View More

1 Answer | Asked in Tax Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: My younger sister has been persistently harassing me for years. She is now threatening to go to tax authorities

Including the IRS. As I pay enormous taxes and she knows this, she is just trying to cause stress and problems. She also interweaves the fact that I’m a Gay man and makes many horrible inferences… there’s a hundred vile messages from her. What can I do. She’s very wealthy and run a large rock show!

Charles M.  Baron
Charles M. Baron
answered on Jul 9, 2023

Your first step is to send her a written demand to cease and desist from all such harassing conduct, describing with some specificity the types of actions that must stop immediately, and stating that otherwise, you will be forced to take legal action. (You can also demand that she cease... View More

Q: Neighbors harass me with spotlights. Filed stalking n lost. Drive around my property. What does that fall under ?

They ran a pipe underground to my property for their gutter runoff. They had a washout. He sent emojis via text of love you n miss you. They trespass. Last night I sat in my living room to fold clothes and he was on his cart staring at me for 3 minutes. My car was recently shot at in my windshield.... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 6, 2023

Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call "common law", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist... View More

1 Answer | Asked in Civil Rights, Libel & Slander and Small Claims for Florida on
Q: How long do I have to file a lawsuit or small claims against law enforcement after an arrest?

Recently I've been arrested and detained and the police have lied and muted out parts of the video and blotted out parts of the video during my arrest and did not show everything on the video and I'm trying to figure out how I can go about things because it has cost me a lot.

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2023

I will give you general educational info regarding time periods that often apply to this kind of situation; neither I nor any other attorney can give you any legal advice in this online forum regarding the deadlines or procedures that apply to your potential particular claims (because that would... View More

1 Answer | Asked in Business Law, Civil Rights, Internet Law and Libel & Slander for Florida on
Q: Is owner/admin of public Telegram Channel resp. for content of posts, both personally created or forwarded from others?

We have a radical Qanon activist - self professed digital warrior- who is an elected member of our non profit, all volunteer assoc. She operates 2 Telegram channels & a Rumble site. Both have tons of antisemitic, anti-LGBTQ, anti-govt, etc content. I don’t know that it rises to a hate crime.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 27, 2023

If she is a "provider or user of an interactive computer service", such as the "Telegram channels" and the "Rumble site", it appears that she is protected by 47 U.S.C. 230, other than with respect to content created by her personally. It would be up to your... View More

1 Answer | Asked in Family Law and Libel & Slander for Florida on
Q: I have a temporary injunction on someone . She messaged someone in my family with lies/character defamation

...to cause problems AFTER she was served the stalking injunction. Will the state attorney likely view this as a violation of injunction? (in Florida)

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2023

If the injunction prohibits "stalking", probably not. Florida Statute 784.048 (2) defines stalking as follows: "A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree,... View More

2 Answers | Asked in Libel & Slander for Florida on
Q: What criteria needs to be met for a defamation of character lawsuit?

Someone has posted false information about me on social media which could potentially be very damaging to my personal and professional life.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 9, 2022

I agree with my colleague Mark. One thing I would add is if you do maintain a cause of action against the party who defamed you, a lawyer would be reluctant to take the case unless there was a potential source of recovery. Homeowners insurance policies do protect against their insured if they make... View More

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2 Answers | Asked in Libel & Slander for Florida on
Q: What criteria needs to be met for a defamation of character lawsuit?

Someone has posted false information about me on social media which could potentially be very damaging to my personal and professional life.

Mark R. Osherow
Mark R. Osherow
answered on Nov 7, 2022

You should consider immediately demanding a retraction and that the information be removed.

A common law claim for defamation requires the unprivileged publication (to a third party) of a false and defamatory statement concerning another, with fault amounting to at least negligence on...
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3 Answers | Asked in Employment Law and Libel & Slander for Florida on
Q: Is there a way to get my employer to tell me what I was accused of, by a third party, to be terminated?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2022

Actually, I wouldn't plan on suing the employer. Employers generally can fire their employees if they want to; they don't need a reason. But if someone else defamed you, you might sue that person if, by taking the deposition of the former employer, you can learn the identity accuser,... View More

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1 Answer | Asked in Civil Litigation and Libel & Slander for Florida on
Q: My defendant sent her lawyer to court. I didn't have a chance to ask her any questions. Is the right?
Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2024

Was this a trial? Evidentiary hearing? Non evidentiary hearing? These things matter.

1 Answer | Asked in Criminal Law, Civil Litigation, Identity Theft and Libel & Slander for Florida on
Q: I want to have a Cease and Desist served to someone in a different county from me. How do I do that?

I live in a different county from someone who has obtained and distributed my picture, dob, dl #, social, and other PII. I need to know how to have a demand letter like a cease and desist served IMMEDIATELY.

Is it necessary to have this done by an attorney or can I do it myself?

Please help!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2024

By "a cease and desist", presumably you mean a demand letter, as opposed to some sort of a court order. Send, by certified mail, return receipt required, a letter demanding that the conduct be stopped immediately.

1 Answer | Asked in Libel & Slander for Florida on
Q: Is it slander to post my address on a sign on a telephone pole calling me names?

I'm an owner of some dogs that got loose from my yard and attacked a dog that a lady was walking when the road. Her and I were in contact after it happened and she at first told me she didn't want money but I could give her stuff of my that were equal the amount of money she spent at the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 3, 2024

Technically, it would be libel (written defamation), not slander. While you don't believe you were careless, she probably is entitled to think so, and thus to inform people of that opinion. And no, it's not illegal to warn people that your address is nearby.

1 Answer | Asked in Car Accidents, Libel & Slander and Personal Injury for Florida on
Q: We were hit behind the back tire on 07-17-1993 and hit again in a deer crossing zone 35moh and they kept gettin Carolyn

Carolyn parent and Edward McDowell are the injured party and hit behind back wheel passages side of car and hit again

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2024

A Florida attorney could advise best, but your question remains open for a week. It isn't fully clear exactly what happened, but it looks like you were struck in the rear by another vehicle. I hope you are all okay. You could try to arrange a free initial consult with a Florida attorney to... View More

2 Answers | Asked in Libel & Slander and Personal Injury for Florida on
Q: what kind of an attorney handles defamation slander, invasion of privacy, negligent misrepresentation, emotional distres

i need an attorney who will fight for me and will charge after they win the case.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2023

You are looking for a personal injury attorney that specializes in these types of cases.

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1 Answer | Asked in Libel & Slander, Employment Law and Civil Rights for Florida on
Q: My crew lead kicked me off the crew and sent a group chat photo of everyone getting 9 hours and me getting 6.

They have never done so before and if they do send the hours they send it individually. I feel like this was a form of embarrassment and invasion of privacy.

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2023

Your phrase, "photo of everyone getting 9 hours and me getting 6" is not understandable. I suggest you post an inquiry with a few more details to explain that.

1 Answer | Asked in Family Law, Child Custody, Child Support and Libel & Slander for Florida on
Q: when a parent has been served with a summons along with the paperwork mentioned below what paperwork would the other....

parent have to turn in in order to start the process in getting the minor child back? Paperwork included in the summons was a verified petition for sole custody of minor child and modification of child support, notice of related cases, notice of social security number, UCCJEA and notice of... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2023

You need to read the verified petition for sole custody of minor child and modification of child support and answer each numbered paragraph ADMIT or DENY. After you do that then a hearing can be scheduled on the merits. At the hearing you can present your evidence through testimony and exhibits.... View More

1 Answer | Asked in Personal Injury, Civil Rights, Libel & Slander and Medical Malpractice for Florida on
Q: How do I get a lawyer in my state if I am sueing the State?
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2023

A Florida attorney could advise best, but your question remains open for two weeks. In addition to searches you may conduct on your own online, there is a "Find a Lawyer" tab at the upper left part of this page. You could search Florida attorneys by region and practice area. Additionally,... View More

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