Slander/Libel from Ex-Boss to New Boss in a Letter

[huskergirl3675]

My question involves defamation in the state of: Kansas


I'm posting this for my boyfriend....

I used to work for a guy who owned his own construction company. Since the economy sucks and work was low because he wasn't getting any jobs I decided to look for another job a few months ago.

Now the relationship with my old boss was out of the ordinary. He would come over to my apt, want to 'hang out' and drink and if i refused or turn him away he would get mad and not call me when we had work or he wouldn't let me do anything at work, just make me get him water like his b*tch or something. I was a concrete finisher and trying to learn more but he refused to teach me when he was mad at me. The guy was a lonely nut case to say the least. He got to where he would sit at my apt and even my girlfriends house and watch and spy on us for no reason. He even tried sabotaging my relationship with my gf many times telling her stuff about me that wasn't true. He over stepped his boundaries as a boss and would never let up even though I talked to him numerous times about it.

I was required to call him every day to see if we had any work the next day, and if we didn't have work he'd want me to come over to his house and mow his lawn or feed his dogs or just hang out with him for the day and not pay me. I was so fed up with him that I just didn't call him to work anymore one day and i started looking for another job right away. Another reason I left is he paid me cash, he used to pay me with checks and took out taxes but since the business was down I was just receiving cash and he wouldn't pay me for the full hours I worked and he lowered my hourly salary as well. I made $20 an hour and he dropped it to $14 without even telling me.

A few weeks went by and I found another job which I am currently working at now and have been for about 2 months. I just found out this morning that my old boss had somehow found out where I worked (in a totally different town) and wrote my new employer a letter stating all kinds of lies about me including that I never show up for work (I've missed one day of work at my new job due to being ill and my boss made me go home), that I don't work even when I'm at work (my new boss says I'm the hardest working guy there) and he even said that I was a druggie (which I am not). My new boss pretty much knows I'm a hard worker and told me he'd give me a copy of the letter but that I should sue him for slander. My question is can I really sue him? I mean I have the job and hopefully this letter won't cause any ill will with my new boss so most likely I will not be fired cuz i'm assuming that's what he was trying to do, so I will not lose out on any income but can I sue just because he sent that letter stating all those lies? It really pisses me off considering this guy is a nut, how can he get away with doing this kind of stuff? I don't even know how he found out where I worked unless he just followed me one day, that's the only thing I can think of.

I plan on calling an attorney about this but wanted to know what the criteria that needs to be met in order to pursue a lawsuit for slander or defamation since I technically didn't lose any income yet over this. I am worried though that if my boss starts laying off due to the price of metal continuing to go down that I will be the first to go due to this letter. However I believe i will be able to at least get a restraining order on him if I ever catch him in front or sitting watching my house.

[BOR]

Edit, sorry posted for Arkansas, not Kansas, let me check around.

This is for Kansas. Claiming he is a druggie, if in fact he is not, is an act of MALICE, in my opinion.


Chapter 44.--LABOR AND INDUSTRIES
Article 1.--PROTECTION OF EMPLOYEES
44-117. Employer not to prevent discharged employee from obtaining employment. Any employer of labor in this state, after having discharged any person from his service, shall not prevent or attempt to prevent by word, sign or writing of any kind whatsoever any such discharged employee from obtaining employment from any other person, company or corporation, except by furnishing in writing, on request, the cause of such discharge.

History: L. 1897, ch. 144, § 1; May 8; R.S. 1923, 44-117.



Bear in mind, the above is not a tell all statute. Lies can not be told, opinions are protected, but, as stated, if he wrote he was a druggie, and he is not, that is clearly outside the scope of the law, and may be defamation, yes. Consult an employment law attorney.