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  1. #1
    Join Date
    Mar 2011
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    1

    Default Can I Be Sued for Libel for Sending a Letter to My Former Employer Re: My Treatment

    My question involves libel in the state of: Nebraska

    I recently quit my job and would like to mail a letter to the higher ups in the organization relating to them my experience with a co-worker and my supervisor. What I have written is truthful and the way I remember the events. In the letter I describe conversations I had with my co-worker and supervisor, what they said, how I responded, etc.

    My question is can I be sued for libel for doing this, even though as I stated above, they are truthful statements? The reason I'm asking is because there's really no way for me to prove what was said, was in fact said.

    Am I stupid for wanting to do this? I just feel I need to get this off my chest and let people inside the organization know how I was treated. Let me know if you have any questions. Thank you.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Can I Be Sued for Libel for Sending a Letter to My Former Employer Re: My Treatme

    Anybody can be sued, the truth is a defense however.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
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    2,350

    Default Re: Can I Be Sued for Libel for Sending a Letter to My Former Employer Re: My Treatme

    In addition to truth, opinion is also fully protected. About the only time a civil action for libel is going to stand up is when you accuse someone of a specific criminal offense, immorality or something equally serious. Also, there are multiple problems in pursuing a libel action to say nothing of it being very expensive.

  4. #4
    Join Date
    Mar 2011
    Location
    Rockville, MD
    Posts
    69

    Default Re: Can I Be Sued for Libel for Sending a Letter to My Former Employer Re: My Treatme

    Like Ron suggests, you can be sued, but you can be sued for sneezing. If the suit has any merit is another question.
    Will you be sued? depends on what you say.

    Libel/Slander involves knowingly publishing false information about someone to a third party.
    Sounds like you have a good defense against any claim of libel.

    Truth is not always a defense though. In the First Circuit there was a case (last year I think) in which a company was found guilty of libeling their former employee when they published true but embarrassing facts about him to the company email list. The court found they did so with malice and malice was grounds to get past the defense of truth.
    So think to yourself why you want to do this. Is it to hurt them? Is it because you want a record of what happened? Is it because you want someone to keep an eye on those people?

    All that said, telling the truth about someone just to "set the record straight" is probably not libel.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can I Be Sued for Libel for Sending a Letter to My Former Employer Re: My Treatme

    Here in Florida we call that "truth and good motive."

    Also, something might be "true" but one might not be able to prove it in court. The evidence for it might not even be admissible.

    Let me give you a true example. A private citizen writes a letter to the editor explaining three performance reasons why the State Attorney should not be re-elected. The State Attorney uses an FDLE terminal in his office the next day to look up the NCIC criminal history records of the letter writer and discovers some misdemeanor offenses 26+ years old, twists them all up and uses that in his own letter to the editor to attempt to destroy the reputation and credibility of the citizen letter writer.

    Is truth a defense now? Probably not? Can he prove what he said is true? Interestingly now. The information is from NCIC which is not admissible. It can't be publicly disclosed under federal law and the FBI admits it is not reliable. The Supreme Court says revealing an FBI rap sheet is prima facie invasion of privacy.

    The defendant SA's biggest problem is that all the county files for the original convictions were destroyed more than 10 years ago. There are no police reports, no court records, no fingerprints, no photos, and most importantly, no judgments of conviction.

    Does anyone think he has any defense left? What else would be admissible to prove truth? Everyone involved might know the underlying info is true, but HOW does anyone prove it in court?

    Although this situation might be unusual, it is true and life is often stranger than fiction. My real point though, is for anyone thinking they are going to say or do something that might open them to a libel action needs to think about HOW they are going to prove it in court and is their "proof" is even admissible. If it is just testimony, then it becomes a credibility contest between the two sides, or in other words a long drawn out expensive legal slugfest.

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