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Experienced Upland Defamation of Character Attorneys

Have you been a victim of slander or libel by your employer or former employer?

At Lewis & Ham, LLP, we have experience dealing with problems resulting from defamation. Defamatory accusations can ruin your business, affect your ability to get a job or destroy your reputation.  If you have suffered from false accusations of misconduct by your employer or former employer, contact us. We have extensive experience filing defamation lawsuits, recovering damages and helping to restore your reputation and livelihood.

Employment defamation

We represent people who have been slandered by their employers or former employers. In such circumstances, the employee has to choose between trying to get another job or remaining in a hostile workplace.  If you have been put in a similar situation through false accusations by your employer of stealing, sexual harassment, discrimination, or other employee misconduct, we can help.

What can you do in these circumstances?

To receive compensation from lost employment offers due to defamation and to restore your reputation so you can return to work, contact us immediately. We will work to get you just compensation for losses resulting from false accusations, libel and slander.

Are insults, critiques and opinions considered defamatory?

Insults and epithets are not normally considered defamatory because they are generally seen as outbursts of emotion, with no real substance except to show intense dislike. A fair critique of a restaurant, movie, television show or theater play is also not considered defamatory. However, if the comments or criticism are disparaging enough, they may result in a loss of business or reputation.
Opinions are also not normally considered defamatory because opinions usually don’t contain specific facts that can be proven untrue. Merely labeling a statement as your “opinion” does not make it so. Courts look at whether a reasonable reader or listener could understand the statement as an assertion of a verifiable fact. A verifiable fact is one capable of being proven true or false. This is determined in light of the context of the statement.

Are e-mail and online activities subject to laws relating to defamation?

Yes, laws relating to defamation are applicable to e-mail and other online activities. For example, if a person commits libel against you through e-mail or other online activity, the publisher and any re-publisher of the offensive statement can be held accountable for damages. This is why it is wise to be careful about anything you write in an e-mail message or an online chat room. If the victim is harmed by your action, you can be held liable for his or her losses.

If you think you’ve been defamed by false information passed on by a computer channel, or worry about whether you can make an aggressive advertising claim, call us today.

May someone other than the person who originally made the defamatory statement be legally liable in defamation?

One who “publishes” a defamatory statement may be liable. However, 47 U.S.C. sec. 230 says that online service providers are not publishers of content posted by their users. Section 230 gives most ISPs and message board hosts the discretion to keep postings or delete them, whichever they prefer, in response to claims by others that a posting is defamatory or libelous. Most ISPs and message board hosts also post terms of service that give them the right to delete or not delete messages as they see fit, and such terms have generally been held to be enforceable under law.

I think I’ve been defamed. How can I prove it?

In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring a defamatory action if the comments are so reprehensible and false that they affect your reputation in the community or cast aspersions on you.

What damages can I recover from a defamation of character suit?

If you have been defamed, you may seek both actual damages, to recover the harm that you have suffered, and punitive damages, to punish the person who made the remark and to serve as an example to deter others.

If the defamation improperly accused you of a crime or reflected on your profession, the court or jury can assess the damages. For other types of defamation you must prove some actual damage to be able to recover.

Contact qualified defamation of character attorneys today

Call Lewis & Ham, LLP at 909-297-1632 or contact the firm today to schedule your free consultation.