Would I have a libel per se case
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Would I have a libel per se case
My ex sent a anonymous letter to my job saying they had someone working for them that had violent crimes. Then sent 2 more letters saying they had someone working for them that had a felony drug conviction. She never mentioned my name. The violent crime was false, the drug conviction was true from a long time ago. Her intent was for them to check backgrounds. I didn’t get fired but feel it has harmed me.
Asked on August 9, 2017 under Personal Injury, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You probably do not have a viable case.
Most importantly, nothing apparently happened to you. When you don't suffer any consequences, even if you sue and win, you typically only get nominal or de minimis compensation--often less than the cost of the lawsuit (I.e. it's about winning a moral victory, not about the compensation.) Remember, civil courts (lawsuits) are primarily about compensation for injuries or losses you suffered, so without negative consequences, there is little or nothing to sue over, since there nothing to compensate you for.
Second, unless you are the only employee (so that there was no need to name you), the fact that she did not mention your name would make it more difficult to show that *you* were defamed.
Third, the drug conviction was true, so that is not defamation at all, so only the violent-felony-related claim *might* support a liable lawsuit, subject, though, to the issues above.
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