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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?

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Attorney answers 5


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.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.


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.

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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.


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.


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.

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