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Quick question to the lawyers.
Posted: Wed Jan 11, 2012 8:10 pm
by Go Coogs'
Does libel defamation come into account only if the victim/plaintiff is individually named? Or is it also considered libel when a department is named and the the victim/plaintiff works in that department?
Re: Quick question to the lawyers.
Posted: Wed Jan 11, 2012 8:43 pm
by mvscal
Yes, libel could be considered to cover a group of people.
Re: Quick question to the lawyers.
Posted: Wed Jan 11, 2012 8:54 pm
by Derron
88 wrote:Go Coogs' wrote:Does libel defamation come into account only if the victim/plaintiff is individually named? Or is it also considered libel when a department is named and the the victim/plaintiff works in that department?
Are you about to publish something suggesting that all of the lawyers who post on this message board, except me of course, are raging homosexuals and are infected with the virus that causes AIDS?
That would be a logical and simplistic assumption.
Re: Quick question to the lawyers.
Posted: Wed Jan 11, 2012 9:07 pm
by Cuda
check out the big brain on derron!
Re: Quick question to the lawyers.
Posted: Wed Jan 11, 2012 9:11 pm
by Go Coogs'
88 wrote:Are you about to publish something suggesting that all of the lawyers who post on this message board, except me of course, are raging homosexuals and are infected with the virus that causes AIDS?
So its true then.
Re: Quick question to the lawyers.
Posted: Wed Jan 11, 2012 9:58 pm
by Truman
Loves me a lawyers thread...

Re: Quick question to the lawyers.
Posted: Wed Jan 11, 2012 10:12 pm
by Go Coogs'
Okay. So my boss sent out an email that is considered libel defamation. I don't work for a union, so what are my options in a right to work state? Will a formal complaint filed with corporate do anything for me?
Re: Quick question to the lawyers.
Posted: Wed Jan 11, 2012 10:43 pm
by H4ever
Go Coogs' wrote:Okay. So my boss sent out an email that is considered libel defamation. I don't work for a union, so what are my options in a right to work state? Will a formal complaint filed with corporate do anything for me?
You could always pursue it in civil court after the boss shit-cans you for being a thin-skinned pussy. Hiring an attorney after you lose your salary might be tough unless you have adequate savings which could be wiped out in this crapshoot litigation. You could sue for wrongful termination for being a whistle blower about what you allege to be libelous.
Those are your options in a right to work state if you aren't union. I'm not an attorney but you might be better served to leave this alone unless you have some additional protections such as age, race, sexual orientation, etc.
You're basically fucked if you stir this pot...IMHO.
Re: Quick question to the lawyers.
Posted: Wed Jan 11, 2012 11:53 pm
by Go Coogs'
H4ever wrote: You could always pursue it in civil court after the boss shit-cans you for being a thin-skinned pussy.
I usually tell people to just squash it and move on, but the subject matter is embarrassing in nature. It's not something you want fellow employees to wonder about you when working with them. All I have is my name to go on and when that is tarnished or damaged by hearsay, rumors, and a wreckless email then I have to either stand up for that or find gainful employment elsewhere.
I guess I'm screwed.
Re: Quick question to the lawyers.
Posted: Thu Jan 12, 2012 12:15 am
by mvscal
Go Coogs' wrote: Will a formal complaint filed with corporate do anything for me?
Possibly, depending on the company. I would start with your boss and tell him what's fucked up and, if you don't like his response, then talk to HR.
Re: Quick question to the lawyers.
Posted: Thu Jan 12, 2012 12:24 am
by smackaholic
Go straight to HR. Tell them you'd like to handle this inside the company....if possible.
HR departments are scared to death of such things. They may very well shitcan the person that did you wrong, especially with an email trail.
Re: Quick question to the lawyers.
Posted: Thu Jan 12, 2012 2:22 am
by BSmack
So what exactly did he say?
Re: Quick question to the lawyers.
Posted: Thu Jan 12, 2012 3:02 am
by Go Coogs'
BSmack wrote:So what exactly did he say?
I'd rather not say. It was more of someone going to him and accusing operators of doing something they shouldn't be and he put it out there in an email for everyone to read. He did this without coming to us first and hearing our side of the story. And if it is written, then it must be true, right?
Re: Quick question to the lawyers.
Posted: Thu Jan 12, 2012 4:39 am
by Diego in Seattle
"Right to get fired w/o cause errr work" out front should have told you that you're screwed either way.....