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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Can My Former Employer Sue Me for Libel for Reporting it to a Government Agency

    My question involves defamation in the state of: Michigan

    I resigned from a longstanding position at a small, struggling company the other day after having decided enough is enough. Furthermore I previously reported some illegal activity to a governmental agency. Well, shortly after resigning I received an email stating that I will be sued for slander for having recently told a client of his via email that "(Name) will be handling this request, as we are presently having a severe issue with unpaid wages." First of all, this would be libel, not slander, correct? And secondly, the statement is easily proved 100% true by examining the gaps between the time pay periods closed and checks were written, often one month or more, as well as dozens upon dozens of emails back and forth. Am I in trouble, or should I not worry about it?

  2. #2

    Default Re: Can My Former Employer Sue Me for This ("Libel," but 100% True, Easily Proven.)

    Even having a great defense doesn't PREVENT a lawsuit against you from occurring. If you are ACTUALLY sued, worry about it, WITH an attorney. If your former employer doesn't file a case, there's no case to worry about.

  3. #3
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Can My Former Employer Sue Me for This ("Libel," but 100% True, Easily Proven.)

    First, if it is in writing, it is libel. Slander is verbal defamation.

    To win, the plaintiff has to prove the statement is legally defamatory and is not true. A statement does not have to be completely true, it only needs to be substantially true. If the case got far enough, the plaintiff also has to prove ACTUAL damages. Very difficult to do. There are a number of defenses to defamation and the plaintiff's lose most defamation cases, especially against the news media.

    ANY reports to the police or other law enforcement or any state or federal government agency is
    ABSOLUTELY PRIVILEGED and can NOT form the basis of any civil action.

    Sure, anyone can file a civil action and a good lawyer can have it dismissed in no time.

    Your former employer is going to have to talk to an attorney, find one willing to take the case, and pay for it all upfront. Most states all parties pay their own attorney fees. Getting a fee award in a defamation case is very difficult or impossible (depending on the state). Thus, attorney fees are likely to be more than any judgment he could get, much less collect. An attorney will explain this all to him. Plus you get discovery and if they have ANYTHING to hide, you will find it out.

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