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Can I be sued for libel if I can prove what I am saying?

New Orleans, LA |

I was the victim of severe, pervasive sexual harassment at my former job. I documented many instances of this harassment using my cell phones video recording feature. Furthermore, I have pages of documents policies of my former company. Now I am coming forward on my blog, with the hidden camera videos I have shot. Everything I say on my job is true -- and provable -- and I only stick with facts, and not opinion. For example "I encountered multiple instances of harassment", instead of "The company didnt take my claims seriously" -- which is speculation and unprovable. I am not doing this out of malice, but to encourage others to take action if they feel they are harassed. Someone warned me that I could be sued ( they haven't read the blog). But sticking with facts is the safe way, no?

Attorney Answers 5

Posted

Of course you can be sued. But, you have the defense of truth. Assuming you can afford the legal fees, there should be a strong case for you to win. You could, instead, report the matter to the appropriate government agencies or hire an attorney and sue the employer.

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Posted

In most states, truth is a complete defense to a claim of defamation. Of course that doesn't prevent them from suing you and forcing you to pay for an attorney to defend you, unfortunately.

If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/

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Posted

Yes you can be sued. The real question is whether you will lose the case. In addition, libel is not the only reason the employer might want to sue you. You say you have documents from the company and videos. They may claim a right to the documents you have, or claim you are violating some agreement they had with you as an employee. I see your situation as fraught with danger. You really should seek legal counsel.

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Posted

One thing you should be aware of, many states have laws against taping others without their knowledge, which may limit their admissibility in the event of legal action. See a local attorney and ask if this would present a problem.

I am licensed in New Mexco and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented in the question. A more complete legal areview can be obtained through local counsel.

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Posted

The fact that you can prove what you are saying is not a bar to you being sued. It is a defense if you are sued.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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