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  1. #11
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    Default Re: Can You Sue Somebody Who Says That You Have an Anxiety Disorder

    Quote Quoting Dogmatique
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    Sigh.

    Do you know what the word "hyperbole" means?
    Yes, do you?

    There's nothing "opinionated," nor funny, nor "just an exaggeration," about what this coworker is doing. She's not stating an opinion, she's not trying to be funny, nor have some "exaggerated" fun.

    She's passing off a false statement as fact, (something which CAN be definitely proven or disproven by testimony of her physician), and doing it maliciously. There's nothing in the OP's statements that implies her coworker isn't seeking to be taken seriously. The OP sounds very concerned about her reputation, and IF this coworker IS just exaggerating at the OP's expense, she's picked an inappropriate subject matter with which to engage in workplace antics. (HIPPA protected information in the workplace), so a nice cease and desist letter would end that bully's bullshit.

    There's a REASON health information is a legally protected class of information. The LAW KNOWS how damaging health information can be, and it's forbidden to disseminate it or use it as a "joking tool" in the workplace, so really, this coworker needs to be educated by the supervisors on numerous levels.

    Now, what a judge considers opinion vs slander vs "just a joke your honor. We didn't mean anything by it" is a pretty easy solid defined line, and the "it's just an opinion. It was just a joke, a prank" defense is only used by low-grade defense lawyers who are going to lose, and who disrespect the intelligence of the judge they're standing in front of by using such a lame defense in the courtroom and trying to pass it off as law.

    Also, the coworker is also not going around talking to coworkers constuctively, ie saying something like, "I THINK this girl may have an anxiety disorder, try to help her feel at ease," (but even THAT can be legally risky), so the "I was just looking out for her wellbeing and she misunderstood the whole thing. (The gaslight defense.)

    She's being malicious and saying it was THE REASON she stayed away from her, intending for others to follow suit. I hope you're not a civil rights attorney. You do realize young people kill themselves because of workplace harrassment stuff like this right?
    .

  2. #12
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    Default Re: Can You Sue Somebody Who Says That You Have an Anxiety Disorder

    It is important to note, first, that defamation laws vary by jurisdiction. Without that information we can only speak in generalities.
    Quote Quoting katajojo
    View Post
    Actually is IS slander IF it fits these THREE things.
    You are bypassing an important aspect of defamation -- it is not enough that a statement be false. The statement has to be believed. If a person claims that you have an anxiety disorder, but nobody believes her, then you do not have a viable defamation claim. Also, depending on the facts, there could actually be circumstances that a layperson would reasonably describe as evidence of an anxiety disorder or panic attack, even if a mental health professional would disagree that they meet the diagnostic criteria; or, as Dogmatique suggests, the statement could be hyperbolic and could be understood as such. For example, if I wrote that you were the dumbest person I had ever encountered on the Internet, that statement would not be true, but it would also not be actionable as defamation.

    If the OP comes back to tell us what state's laws are involved, who the mysterious "she" is who has said these things, why the person said those things, if anybody believed the person, and why anybody would believe the claims if they're not true, we can better analyze her situation. You should save the speculative commentary for such a time, as there is no present basis for your sweeping assertions.

  3. #13
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    Default Re: Can You Sue Somebody Who Says That You Have an Anxiety Disorder

    Quote Quoting katajojo
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    Yes, do you?

    There's nothing "opinionated," nor funny, nor "just an exaggeration," about what this coworker is doing. She's not stating an opinion, she's not trying to be funny, nor have some "exaggerated" fun.

    She's passing off a false statement as fact, (something which CAN be definitely proven or disproven by testimony of her physician), and doing it maliciously. There's nothing in the OP's statements that implies her coworker isn't seeking to be taken seriously. The OP sounds very concerned about her reputation, and IF this coworker IS just exaggerating at the OP's expense, she's picked an inappropriate subject matter with which to engage in workplace antics. (HIPPA protected information in the workplace), so a nice cease and desist letter would end that bully's bullshit.

    There's a REASON health information is a legally protected class of information. The LAW KNOWS how damaging health information can be, and it's forbidden to disseminate it or use it as a "joking tool" in the workplace, so really, this coworker needs to be educated by the supervisors on numerous levels.

    Now, what a judge considers opinion vs slander vs "just a joke your honor. We didn't mean anything by it" is a pretty easy solid defined line, and the "it's just an opinion. It was just a joke, a prank" defense is only used by low-grade defense lawyers who are going to lose, and who disrespect the intelligence of the judge they're standing in front of by using such a lame defense in the courtroom and trying to pass it off as law.

    Also, the coworker is also not going around talking to coworkers constuctively, ie saying something like, "I THINK this girl may have an anxiety disorder, try to help her feel at ease," (but even THAT can be legally risky), so the "I was just looking out for her wellbeing and she misunderstood the whole thing. (The gaslight defense.)

    She's being malicious and saying it was THE REASON she stayed away from her, intending for others to follow suit. I hope you're not a civil rights attorney. You do realize young people kill themselves because of workplace harrassment stuff like this right?
    .
    Lighten up Francis.

    People commit suicide for a variety of reasons. Doing a quick search there really isn't anything to say there is a high rate of suicide due to workplace harassment. The rate of suicide is actually highest in middle aged white men. Men commit suicide more than women. White males account for 7 of 10 suicides.

    "In 2015, the highest suicide rate (19.6) was among adults between 45 and 64 years of age. The second highest rate (19.4) occurred in those 85 years or older. Younger groups have had consistently lower suicide rates than middle-aged and older adults. In 2015, adolescents and young adults aged 15 to 24 had a suicide rate of 12.5."

    So you really want to stick with your assessment on suicide? Workplace harassment is not the leading cause of suicide among "young people." What is your demographic for "young" people?

    This is not defamation nor libel nor slander. It can't be libel unless she wrote something about her. It's not slander either. Do people in her office actually believe that anxiety is contagious? I doubt it. If they do, they are morons.

  4. #14
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    Default Re: Can You Sue Somebody Who Says That You Have an Anxiety Disorder

    Quote Quoting katajojo
    View Post
    Yes, do you?

    There's nothing "opinionated," nor funny, nor "just an exaggeration," about what this coworker is doing. She's not stating an opinion, she's not trying to be funny, nor have some "exaggerated" fun.

    She's passing off a false statement as fact, (something which CAN be definitely proven or disproven by testimony of her physician), and doing it maliciously. There's nothing in the OP's statements that implies her coworker isn't seeking to be taken seriously. The OP sounds very concerned about her reputation, and IF this coworker IS just exaggerating at the OP's expense, she's picked an inappropriate subject matter with which to engage in workplace antics. (HIPPA protected information in the workplace), so a nice cease and desist letter would end that bully's bullshit.

    There's a REASON health information is a legally protected class of information. The LAW KNOWS how damaging health information can be, and it's forbidden to disseminate it or use it as a "joking tool" in the workplace, so really, this coworker needs to be educated by the supervisors on numerous levels.

    Now, what a judge considers opinion vs slander vs "just a joke your honor. We didn't mean anything by it" is a pretty easy solid defined line, and the "it's just an opinion. It was just a joke, a prank" defense is only used by low-grade defense lawyers who are going to lose, and who disrespect the intelligence of the judge they're standing in front of by using such a lame defense in the courtroom and trying to pass it off as law.

    Also, the coworker is also not going around talking to coworkers constuctively, ie saying something like, "I THINK this girl may have an anxiety disorder, try to help her feel at ease," (but even THAT can be legally risky), so the "I was just looking out for her wellbeing and she misunderstood the whole thing. (The gaslight defense.)

    She's being malicious and saying it was THE REASON she stayed away from her, intending for others to follow suit. I hope you're not a civil rights attorney. You do realize young people kill themselves because of workplace harrassment stuff like this right?
    .
    If you want to start throwing around "HIPPA" [sic], I suggest you actually take the time to learn what HIPAA (that's the correct acronym) is, and when and where it applies. This is clearly not a subject with which you are familiar.

  5. #15
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    Quote Quoting Mr. Knowitall
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    You are bypassing an important aspect of defamation -- it is not enough that a statement be false. The statement has to be believed. If a person claims that you have an anxiety disorder, but nobody believes her, then you do not have a viable defamation claim.
    Yea that'd be why there's the rule #3 mandate. A slander claim must have all 3 components. And mandate #3 is the "was it believed" filter. There isn't going to be any kind of computable financial loss if it was never believed. That one is self explanatory.

    Quote Quoting Dogmatique
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    If you want to start throwing around "HIPPA" [sic], I suggest you actually take the time to learn what HIPAA (that's the correct acronym) is, and when and where it applies. This is clearly not a subject with which you are familiar.
    Oh I prostrate myself and beg your forgiveness oh intelligent one for hitting the wrong key at 3am. My bad...HIPAA. Feel better?

    As far as "what I know," I was paid to actually WRITE the OSHA and HIPAA laws for my fotune 100 company. So, it is YOU who understands nothing. Now, if you arent going to help this person, take your sorry negative arse somewhere else. You're clearly a troll of paramount proportion who has NO DESIRE to actually help the OP, but only to stand here and "be right." If your "insults to me" actually amounted to moving in a direction of helping this person, they could definitely be overlooked, and be a positive thing, but you have no desire to help the OP. You're only here to...well...who really knows why you're here.

  6. #16
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    Default Re: Can You Sue Somebody Who Says That You Have an Anxiety Disorder

    Good gravy. You just keep digging yourself in deeper.

    Legislatures write laws. Companies, "fotune [sic] 500" and otherwise, do not.

    Please stop posting nonsense.

  7. #17
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    Mar 2016
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    Default Re: Can You Sue Somebody Who Says That You Have an Anxiety Disorder

    Quote Quoting katajojo
    View Post
    Oh I prostrate myself and beg your forgiveness oh intelligent one for hitting the wrong key at 3am. My bad...HIPAA. Feel better?

    As far as "what I know," I was paid to actually WRITE the OSHA and HIPAA laws for my fotune 100 company. So, it is YOU who understands nothing. Now, if you arent going to help this person, take your sorry negative arse somewhere else. You're clearly a troll of paramount proportion who has NO DESIRE to actually help the OP, but only to stand here and "be right." If your "insults to me" actually amounted to moving in a direction of helping this person, they could definitely be overlooked, and be a positive thing, but you have no desire to help the OP. You're only here to...well...who really knows why you're here.
    1. It is false
    2. It is done with malicious intent, or is considered vile enough by normal standards that malicious intent can be implied.
    3. It causes you financial loss.

    That's what you posted - #3 isn't "was it believed." So you don't even read what you yourself post. Nothing falls under any or all of those three things.

    You did not write OSHA or HIPAA laws for your company. You wrote POLICY for your company BASED on the laws. You have no authority to write laws unless you are a member of either Congress or your state's legislature.

    You don't even know how laws are made yet you claim to be a lawyer??? LOL! Seriously? So you're trying to give people information and you don't even know the process of a law. I think I can find a Schoolhouse Rock video for you on how a bill becomes a law...

    You're the only one who isn't helping this person. Maybe you should take your "negative arse" somewhere else. You don't understand anything and that's apparent.

  8. #18

    Default Re: Can You Sue Somebody Who Says That You Have an Anxiety Disorder

    Quote Quoting Dogmatique
    View Post
    If you want to start throwing around "HIPPA" [sic], I suggest you actually take the time to learn what HIPAA (that's the correct acronym) is, and when and where it applies. This is clearly not a subject with which you are familiar.
    Being polite is clearly not a subject with which you are familiar.

  9. #19
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    Default Re: Can You Sue Somebody Who Says That You Have an Anxiety Disorder

    Quote Quoting katajojo
    View Post

    Also, the coworker is also not going around talking to coworkers constuctively, ie saying something like, "I THINK this girl may have an anxiety disorder, try to help her feel at ease," (but even THAT can be legally risky), so the "I was just looking out for her wellbeing and she misunderstood the whole thing. (The gaslight defense.)


    .
    And the OP didn't say anything about an anxiety "disorder." She said her coworker was saying she has anxiety. There's a HUGE difference between being anxious and having a disorder. You're making quite the leap.

  10. #20
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    Default Re: Can You Sue Somebody Who Says That You Have an Anxiety Disorder

    Quote Quoting katajojo
    View Post
    Yea that'd be why there's the rule #3 mandate. A slander claim must have all 3 components. And mandate #3 is the "was it believed" filter. There isn't going to be any kind of computable financial loss if it was never believed. That one is self explanatory.



    Oh I prostrate myself and beg your forgiveness oh intelligent one for hitting the wrong key at 3am. My bad...HIPAA. Feel better?

    As far as "what I know," I was paid to actually WRITE the OSHA and HIPAA laws for my fotune 100 company. So, it is YOU who understands nothing. Now, if you arent going to help this person, take your sorry negative arse somewhere else. You're clearly a troll of paramount proportion who has NO DESIRE to actually help the OP, but only to stand here and "be right." If your "insults to me" actually amounted to moving in a direction of helping this person, they could definitely be overlooked, and be a positive thing, but you have no desire to help the OP. You're only here to...well...who really knows why you're here.
    If you actually wrote your company's policy manuals then you should realize the op provided absolutely nothing suggesting HIPAA would be involved.


    or do you have some sort of psychic powers that allow you to know more about the situstion than what was posted?

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