Libel under Defamation Pro SE

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Libel under Defamation Pro SE

A former company I used to work for accused me of a criminal act in writing to the company I am working for now. This is interfering with my employment now.Can I sue for damages under Defamation Pro SE? this is what I am hearing and are their cases I can look up to reference too?Any advise to help is appreciated. Thanks for your time. JR

Asked on July 2, 2009 under Personal Injury, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

"Defamation" is a catch-all term for any statement that hurts someones reputation. Written defamation is called "libel," and spoken defamation is called "slander." Defamation is not a crime in the sense that someone thinks of such as burglary, etc., but it is a "tort" (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming.

The law of defamation varies from state to state, but there are some generally accepted rules. If you believe you are have been "defamed," to prove it you usually have to show there's been a statement that is all of the following: published, false, injurious and unprivileged.  I am not admitted in Ohio but have looked up the following:

 

"Ohio recognizes that certain statements add up to what is known as defamation per se.These statements are so glaringly bad that they will always be considered defamatory and are assumed to harm the plaintiff's reputation, without further need to prove that harm. Ohio has a broad definition of defamation per se. In contrast to most states, which limit defamation per se to three or four specific categories of statements, Ohio defines the term as any statement that "reflects upon the character of [the plaintiff] by bringing him into ridicule, hatred, or contempt, or affects him injuriously in his trade or profession." Becker v. Toulmin, 138 N.E.2d 391, 395 (Ohio 1956). A statement can constitute defamation per se only if it conveys its negative meaning directly, not by innuendo or implication. "

Ohio has, I believe, a one year Statute of Limitations for defamation so seek legal counsel quickly if you think thatyou have a case.  

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

"Defamation" is a catch-all term for any statement that hurts someones reputation. Written defamation is called "libel," and spoken defamation is called "slander." Defamation is not a crime in the sense that someone thinks of such as burglary, etc., but it is a "tort" (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming.

The law of defamation varies from state to state, but there are some generally accepted rules. If you believe you are have been "defamed," to prove it you usually have to show there's been a statement that is all of the following: published, false, injurious and unprivileged.  I am not admitted in Ohio but have looked up the following:

 

"Ohio recognizes that certain statements add up to what is known as defamation per se.These statements are so glaringly bad that they will always be considered defamatory and are assumed to harm the plaintiff's reputation, without further need to prove that harm. Ohio has a broad definition of defamation per se. In contrast to most states, which limit defamation per se to three or four specific categories of statements, Ohio defines the term as any statement that "reflects upon the character of [the plaintiff] by bringing him into ridicule, hatred, or contempt, or affects him injuriously in his trade or profession." Becker v. Toulmin, 138 N.E.2d 391, 395 (Ohio 1956). A statement can constitute defamation per se only if it conveys its negative meaning directly, not by innuendo or implication. "

Ohio has, I believe, a one year Statute of Limitations for defamation so seek legal counsel quickly if you think thatyou have a case.  


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