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Can my boss sue me for defamation when what I said was true?

Can my boss sue me for defamation when what I said was true?

Postby koltin » Fri Apr 06, 2012 9:36 pm

My boss threatened to sue me for "liable" (its actually slander in this state because it hasn't been written down but whatever) if I didn't stop talking about her and her company. The thing is everything I have ever told like four people is true. I don't lie about those things and Im not in the mood to go to court (I am 22 by the way) because her company isn't making a real profit and she needs someone to pay her light bill (which I can't because I don't own anything they could take away and if they garnish my wages then it would kind of be a waste of time.) I can back up what I said and the rest was an opinion about her organizational skills.
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Can my boss sue me for defamation when what I said was true?

Postby rumford » Fri Apr 06, 2012 9:40 pm

People can and will litigate for any legal reason, even if they are in the wrong.

It is a matter of who can afford to go to court. If your employer believes he or she can sue you into silence, they will. The truth of a matter is not going to shield your rights. Only a strong legal and costly defense in an equally expensive trial will protect you. And finding lawyers who will work pro bono in such cases is rare.

The best you can do is inform that person that you will gladly meet them in court and that you will counter sue for damages and legal costs inflicted on you. If that does not sober them up, you may need to hire a lawyer and have them send a similar note of intent to counter sue. That will get their attention.
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Can my boss sue me for defamation when what I said was true?

Postby leonie36 » Fri Apr 06, 2012 9:44 pm

Truth is an absolute defense to a slander or liable case. Odds are that no lawyer would take the case. I notice you didn't say ex-boss. Your employer can fire you for these statements even if they are true.
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Can my boss sue me for defamation when what I said was true?

Postby veto » Fri Apr 06, 2012 9:52 pm

The word is libel, but you're right, if it is just spoken it is not libel, it is slander.

In any event, of course they can sue you. You may not be in the 'mood' to go to court, but if you're sued you have no option. You may not own anything today, but if they get a judgement, they can come after your assets 10 years from now. So you do have to defend yourself, and even if you win, it will cost you thousands in legal fees. Incidentally, in slander cases, YOU have to prove that your claims are true, they don't have to prove them false.

It would be a lot smarter just to shut up and stop trash talking. It's also a lot more mature and professional.
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Can my boss sue me for defamation when what I said was true?

Postby camdin90 » Fri Apr 06, 2012 9:57 pm

Truth is a defense to libel in the US.

You can still be sued under certain circumstances for saying true things about someone but it would be under a different legal concept like "invasion of privacy". Disclosing information you have about a company's finances that's not publicly known can be grounds for legal action against you in some situations.
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Can my boss sue me for defamation when what I said was true?

Postby erwin » Fri Apr 06, 2012 10:02 pm

She can always sue. And the truth is an affirmative defense. That means if you're telling everyone you meet and giving your opinion with the obvious intent to harm them, the jury can go against you. Your opinion is obviously not protected against being sued as it may not be correct.
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