Can I get sued for Libel?

by **archy** » Mon Dec 12, 2011 8:36 pm

I live in Wisconsin and have had problems with my previous workplace and getting my checks so I ended up quitting. That was in December and its now January so its tax season. I tried calling him asking him if he sent my W2 out or what was going on with it. Well he never answered so I tried writing him on his facebook no answer, and then I tried calling again no answer, and I even tried texting him.

So tonight I decided that I would write on his facebook this exact thing.

"you could get back to me and quit acting like your six but judging from how you ran your business that won't happen."

He then called me and left me a voice messaging saying he was going to sue me for Slander and Defamation of Character. I am wondering if you could tell me if that would hold up in court?

by **brenn15** » Mon Dec 12, 2011 8:39 pm

Why are you demanding the W2 now??? They are NOT legally required to have it done until the end of the month.

Yes, you are committing libel (in writing, it's libel, slander is verbal.) You can be sued. How much depends on how much business you cost him. Remove the comment and get an education about W2 requirements. The comment implies that he is a poor businessman and that means people will not want to do business with him.

You also did a stupid thing because when an employer calls that place for a reference, guess who will be doing the badmouthing?

by **croslea** » Mon Dec 12, 2011 8:44 pm

No, not likely. First, he has no way of knowing exactly what was meant by that. It is obviously a slam, but does not specifically say what he did that made his business bad etc...

Oh, by the way. Employers have until the last day of January before they are required by law to mail or otherwise present to an employee or former employee a copy of their W2.

by **denzell** » Mon Dec 12, 2011 8:47 pm

No it wouldn't, you gave an opinion, not a statement of supposed fact. If anyone has a right to sue it's you for not sending your W-2 in a timely manner.

by **jerard** » Mon Dec 12, 2011 9:07 pm

No it wouldn't, you gave an opinion, not a statement of supposed fact. If anyone has a right to sue it's you for not sending your W-2 in a timely manner.

Yes, it probably would hold up in court. However, I highly doubt he's ACTUALLY going to sue you over something you wrote on facebook.

by **benon** » Mon Dec 12, 2011 9:12 pm

It won't hold up. Your rant appears to be nothing more than opinion. You didn't even mention specific facts that he can point to as being untrue.

by **darik** » Mon Dec 12, 2011 9:17 pm

It won't hold up. Your rant appears to be nothing more than opinion. You didn't even mention specific facts that he can point to as being untrue.

It's only slander if it's not true.

by **stanciyf** » Mon Dec 12, 2011 9:28 pm

Yes you can be sued for libel or slander, if someone can prove they've been damaged financially by your words. But your words have had to have been knowingly false, and that's something he has to prove in court.

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