I am in independent insurance agent and the company I have a contract with is at will. I am taking a hiatus and the manager of the office has went to several of my clients and stated to them I got fired for writing bad business and I only wrote an insurance policy on them to get more commission. As an independent agent in the community this could cost me clients and the ability to obtain another job in the insurance industry. Our manager told me to write the policy because the original agent did not write it correctly to suit the client. That agent is the one going back out to the clients home slandering me. Do I have any recourse? I'm now separated from the company
You can file a defamation action against them. You should meet with an attorney and explain all of the facts of the situation to determine how best to proceed. Best of luck to you!
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As the other attorney said, you may have a cause of action for defamation - slander if the statements were verbal. The statements, however, have to be false, in order to be slanderous.
Under Cal Code of Civil Procedure section 46 (3) slander includes false oral statements communicated to others that tend to directly injure one in respect to one’s office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits.
In fact, this type of slander is slander per se, which means that the statements themselves are slander, regardless of whether the plaintiff can prove that actual damages resulted from the statements.
You may also have a cause of action for tortious interference with business relationships and prospective economic opportunity.
The challenge here might be to get the people to testify and generally prove your case, apart from the massive expense of litigation. You might want to retain an attorney to dispatch a letter to this person demanding that he cease and desist from defaming you. A well written letter from an attorney often helps to put an end to this kind of conduct without the need to resort to expensive litigation. Keep in mind the statute of limitations for slander in California is one year
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