Results 1 to 8 of 8
  1. #1
    Join Date
    Jul 2019
    Posts
    5

    Default Cosmetology Student Signed Waiver; Posted Slander Anyway (6 Months Now)

    My question involves defamation in the state of Texas. I teach an eyelash extension class to people who want to learn the trade. A student took my class and was unhappy with everything (wanted money back) and I had her sign a waiver at the beginning saying non-disclosure of info and no slander or defamation. I just noticed yesterday she posted terrible things about it and unnecessary things and it was 6 months ago....business had decreased since then I’ve realized and I believe that is a huge!! contributing factor, need my options to pursue

  2. #2
    Join Date
    Sep 2010
    Posts
    19,196

    Default Re: Cosmetology Student Signed Waiver; Posted Slander Anyway (6 Months Now)

    Understand that waivers often don't mean anything even when they are well written. Yours appears not to be. Someone telling the truth or expressing an opinion is neither slander nor defamation (it's not libel either, which is probably what you want). But sure, take your "waiver" to an attorney along with the posts and see what action he thinks you might have. Absent being able to read the waiver and whatever contract you might have had with the student and seeing the content of the posts, we won't be able to advise (nor do we do that sort of thing here).

  3. #3
    Join Date
    Jul 2018
    Posts
    1,639

    Default Re: Cosmetology Student Signed Waiver; Posted Slander Anyway (6 Months Now)

    Quote Quoting Jankinz
    View Post
    A student took my class and was unhappy with everything (wanted money back) and I had her sign a waiver at the beginning saying non-disclosure of info and no slander or defamation.
    At the beginning of what? Non-disclosure of what info? What consideration did you give for the student's agreement?


    Quote Quoting Jankinz
    View Post
    I just noticed yesterday she posted terrible things about it and unnecessary things and it was 6 months ago.
    Posted where? What is "it"? What sorts of "terrible things"?


    Quote Quoting Jankinz
    View Post
    business had decreased since then I’ve realized and I believe that is a huge!
    Do you have any evidence that the alleged decrease in business had anything to do with anything this person posted?


    Quote Quoting Jankinz
    View Post
    need my options to pursue
    Not really sure what this means. You can request that whoever hosts the sites where the "terrible things" were posted remove them. I assume you knew that. You can also sue this person. I assume you knew that as well. Of course, determining whether you have any sort of viable legal claim will require a much better description of the facts than what you have provided.

  4. #4
    Join Date
    Jul 2019
    Posts
    5

    Default Re: Cosmetology Student Signed Waiver; Posted Slander Anyway (6 Months Now)

    At the beginning of the eyelash extension training class signed ND of any information provided in the class and no defamation. Wrote review on yelp mainly saying instructor was late, possibly intoxicated, rude, unprofessional. (First 2 factually false and second 2 opinions.) have sales numbers after the post (decrease) and 2018 year to 2019 year decrease (obviously other factors but still....id want to see what I could even sue the person for if it’s just “potential lost wages” or more. If the review or post truly did affect business and got to potential customers then it can never be repaired and only spread more and more. It’s permanently damaging, I want an equal solution

  5. #5
    Join Date
    Oct 2016
    Posts
    3,221

    Default Re: Cosmetology Student Signed Waiver; Posted Slander Anyway (6 Months Now)

    Actually, the first three would be opinions. She didn't say the instructor was intoxicated. You would be very hard pressed to prove that one post damaged you.

  6. #6
    Join Date
    Jul 2018
    Posts
    1,639

    Default Re: Cosmetology Student Signed Waiver; Posted Slander Anyway (6 Months Now)

    Quote Quoting Jankinz
    View Post
    At the beginning of the eyelash extension training class signed ND of any information provided in the class and no defamation. Wrote review on yelp mainly saying instructor was late, possibly intoxicated, rude, unprofessional.
    None of those things are disclosure "of any information provided in the class." An assertion that you were late is not defamatory (even if false). An assertion that you were "possibly intoxicated" is more of a statement of opinion based on what the person observed. Not actionable. Statements that you were rude and unprofessional are not defamatory because they are statements of opinion, not fact.


    Quote Quoting Jankinz
    View Post
    have sales numbers after the post (decrease) and 2018 year to 2019 year decrease
    There is a logical fallacy called post hoc ergo propter hoc. Literally, it means "after the thing, therefore because of the thing." What it essentially means is that, just because Event B occurred after Event A does not mean that Event A caused Event B. Even if you had a valid claim, you would have to prove that the decrease in business was caused by the alleged defamation.


    Quote Quoting Jankinz
    View Post
    id want to see what I could even sue the person for if it’s just “potential lost wages” or more
    Anyone can sue anyone for anything. However, nothing you've posted suggests you have any valid claim.

    You realize that a business may respond to a negative Yelp review, right?

  7. #7
    Join Date
    Jul 2019
    Posts
    5

    Default Re: Cosmetology Student Signed Waiver; Posted Slander Anyway (6 Months Now)

    Yes I do just wanted some non-biased opinions before I did anything. Thanks for all responses!!

    1. Sponsored Links
       

Similar Threads

  1. Copyright Law: Rights to Retain Design Even if Waiver Signed
    By designit in forum Intellectual Property
    Replies: 6
    Last Post: 10-08-2011, 02:59 PM
  2. Sold and Signed Over the Title to Friends Over 4 Months Ago and Stil in My Name
    By snowlady_01 in forum Vehicle Registration and Title
    Replies: 1
    Last Post: 04-21-2011, 01:58 AM
  3. Divorce: Getting Waiver of Citation Signed by Respondent
    By bholabhala in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 07-13-2010, 07:46 AM
  4. Slander: Online Feedback Posted With Possible Defamation or Slander
    By r_beau in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 09-16-2007, 07:12 AM
 
 
Sponsored Links

Legal Help, Information and Resources