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  1. #1
    Join Date
    Mar 2017
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    4

    Default Falsely Accused of Stealing by a Store's Employees

    My question involves defamation in the state of: Florida. An employee and/or employees called one of their pros and told them I was trying to use his account. There is a long back story that I don't want to get into but assume what I claim is a fact. I have contacted the store directly as well as complained to the district manager. Nobody has gotten back to me and this/these employee(s) continue to go unchecked with nothing to stop them from perpetuating their lies nor doing the same to another. I am a local business owner and have spent thousands of dollars and years getting my name out there just to have irresponsible employees make false accusations of a federal crime against me. I need my name cleared and the responsible parties held accountable. What is my next step? I have begged them to look at their surveillance tape so that they can see I never had a conversation with any of their employees on the day in question and still no action is being taken when the proof is on tape. They tell me there is no audio in the tape so it doesn't matter. I told them I don't need audio to prove I wasn't there. Still nothing.

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Home Depot Employees Makes False Accusations

    Aside from being upset, do you have any measurable damages to your business or your reputation? Or is this just something that you caught wind of? At least tell us how you found out.

    If you have damages, you should consult with a local attorney. If you have a defamation case, it will be very expensive to bring it to court.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Home Depot Employees Makes False Accusations

    Who have these employees spoken to? What are they saying to the people they have spoken to? And, how have these statements actually harmed you?

    If you believe that you have been the subject of slander you are free to consult an attorney who can tell you how much money a lawsuit might cost you, and what the chances are of winning against the people who are slandering you.

  4. #4
    Join Date
    Mar 2017
    Posts
    4

    Default Re: Home Depot Employees Makes False Accusations

    I received an accusatory, slanderous text from the President of my HOA regarding it

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Home Depot Employees Makes False Accusations

    Florida is a defamation per se state and they still have criminal defamation on the books.

    Defamation Per Se statements falsely, and maliciously, insinuate the plaintiff is:
    1.Afflicted with a terminal disease;
    2.Engaged in criminal activity; or
    3.Acted in a way unbecoming of his or her profession.

    You could recover:
    ◦Actual Damages
    ◦Compensatory Damages
    ◦Punitive Damages

    The problem you have is proving that the HD employees knew the statements were false and communicated them to a third-party. If they just made a mistake or there were some misunderstanding, that won't cut it.

    The same is true for your HOA president. Communicating the statement to you is not defamation. It has to be communicated to a third-party.

  6. #6
    Join Date
    Mar 2017
    Posts
    4

    Default Re: Home Depot Employees Makes False Accusations

    At this point in time the only major damage is to my nerves as I have been in a constant state of anxiety for five days. All I asked them for was a letter of apology and a retraction of the accusation. However, the longer they take to resolve this issue the more potential damage can be done both to my health, my name and my business. That is my concern. They need to act quickly before I do suffer further damages. I would just think that when a customer makes these type of allegations against their store employee(s) they would be in more of a hurry to investigate it.

    The HD employees claim that they had a personal conversation with me in the store trying to use the account. The HOA president claims that several of the HD employees made these statements directly to her in person at the store. Let's roll the video and get the truth.

    Defamation Per Se statements falsely, and maliciously, insinuate the plaintiff is:
    1.Afflicted with a terminal disease;
    2.Engaged in criminal activity; or
    3.Acted in a way unbecoming of his or her profession.

    You could recover:
    ◦Actual Damages
    ◦Compensatory Damages
    ◦Punitive Damages

    What I have been accused of is a crime and if true would definitely call into question my ethics in my profession and potentially the loss of my license to conduct my business.

  7. #7
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Home Depot Employees Makes False Accusations

    Then go and consult with a local attorney. We can't adjudicate your case in a forum.

    But consider this: You asked for an apology and/or a retraction. How would that rectify the wrong? This is not a case where a newspaper or publication has defamed you. What would that do for you?

    You have a 2 year statute of limitations to file a lawsuit. You should consider just letting it go until and if real damages occur.

  8. #8
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Home Depot Employees Makes False Accusations

    In order for you to go forward with this you will have to prove that this was an intentional lie and it was done out of malice. That's a pretty high bar and it's why these lawsuits are so expensive.

    The tapes you keep going on about don't exist in the way that you think. They're digitally stored usually for only a few days or a week unless there is an incident. Also, they are under no obligation to cooperate with you in any way, at this point.

    The long back story is probably relevant and you'll have to get into it at some point.

  9. #9
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Home Depot Employees Makes False Accusations

    What video?

  10. #10
    Join Date
    Mar 2017
    Posts
    4

    Default Re: Home Depot Employees Makes False Accusations

    Real damages are occurring. I don't ask for adjudication in this forum. However getting it out is therapeutic. I thought with a quick enough retraction I could address it directly with the people it was told do and stop any rumors and the could address it with their employee(s) immediately to ensure they would not do this to others. I do not now believe it will be as simple as that. I will definitely be seeking legal counsel. Thank you.

    There is in store video survellience for every register. The accusation occurred at a specific date and time. All they have to do is look at the video to see that I did not have a conversation with that employee on that day. As for "letting it go" tell that to my severe anxiety disorder.

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