My private job boss sent me an email, called me a crook. Do I have a claim ?

Asked 11 months ago - Staten Island, NY

She sent a second email, asking me not to come back to my job, if I should travel to visit my sick husband. Sent a second email , apologized and left several messages on my phone apologizes.

Attorney answers (6)

  1. Richard Todd Rosenstein

    Contributor Level 19

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    Answered . The statement is definitely inappropriate. However, the statement itself apparently was not published for others to view. You should contact a local defamation lawyer to review the facts and circumstances of the matter.

  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . If the emails went only to you the answer is NO.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal... more
  3. Brian C. Pascale

    Pro

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    Answered . Unless your boss called you a "crook" to someone other than yourself, the answer is no.

    However, if she has been telling other people this then you should speak with a Personal Injury Attorney immediately. Be aware that these are not cases that are typically taken pro bono or on a contingency. They are very time consuming and labor intensive, and to make matters worse, difficult to win. For that reason attorneys require a money retainer prior to beginning work on these types of cases.

    Here are the basics on Defamation:

    Defamation is a false statement of fact against an individual’s character or reputation, either intentionally or negligently published to a third person, holding the defamed person up to ridicule, contempt, hatred, shame, or disgrace. There are two types of defamation: Slander and Libel. Slander is an untrue spoken statement about a person that harms their reputation and standing in their community. A person injured by slander can bring a civil lawsuit against the party that made the false statement.

    Where a person is defamed in writing, it is called libel. Libel also includes television broadcasts. In many ways libel is more serious because it is more likely to reach a far greater audience. In New York a libeled person’s damages are presumed because the defamatory statement is preserved for a greater period of time.

    It is important to note that the statute of limitations for defamation is different in each state. A statute of limitations is the time that a civil or criminal action must be brought forward. The limitations period begins when a defamatory statement is communicated to someone other than the plaintiff. For instance, in New York, New Jersey, and California the statute of limitations is one year. However, in Washington and Indiana it is two years. Because the time to bring an action defamation is shorter than a negligence action, it is imperative that a person who believes they have been defamed speak with an attorney immediately.

    I assisted my brother in writing several articles on this topic. Two of them are listed below:

    http://www.suite101.com/content/defaming-the-in...

    http://www.suite101.com/content/will-justice-be...

    I wish you the best of luck.

    If this Answer was of assistance please mark it as "helpful." Mr. Pascale is licensed to practice law in the... more
  4. Christian K. Lassen II

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    Answered . No

  5. Lars A. Lundeen

    Pro

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    Answered . Your posting is a bit light on the details. If your company is of sufficient size, it may be subject to State or federal Family and Medical Leave Act legislation, which may prohibit your employer from taking adverse action against you because you need time off from work to care for a sick relative. This aspect of your situation should be explored with an employment attorney in your area.

    As to the "crook" comment, if it was made only to you, it is not actionable. Defamation involves the dissemination of false or inaccurate information to 3rd parties which results in provable damages.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  6. Daniel Simon Hahn Szalkiewicz

    Pro

    Contributor Level 13

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    Answered . Did she sent it to you or other people. Do not forget a statement has to be published.

Related Topics

Personal injury and defamation

Defamation is any type of emotional or psychological personal injury that occurs when someone intentionally harms another’s character or reputation.

Personal injury and slander

Slander is a type of defamation that occurs when one person verbally harms another person’s character. These false accusations can damage another’s reputation.

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