Defamation

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Defamation refers to uspeaking an untruthful statement about someone.  "Libel" refers to written defamation.  "Slander" refers to oral defamation.  In the employment context, defamation has an extra hurdle.  In Texas, to charge an employer with defamation, the defamation must be made in the course and scope of his/her employment.  That is, the defamatory statement must…

 Medal of Honor winner Dakota Meyer has dropped his lawsuit against BAE Systems OASYS.  They have reached a settlement.  See San Antonio Express News report.  The terms of the settlement have not been released.  It is routine in employment related cases to make the terms of any settlement agreement confidential. 

Every lawsuit has another side.  Now, we hear from Dakota Meyer’s former supervisor at BAE Systems OASYS Inc.  Bobby McCreight, Mr. Meyer’s former boss, filed his Answer to Medal of Honor winner Dakota Meyer’s lawsuit.  Mr. Meyer’s lawsuit accuses Mr. McCreight of defaming Mr. Meyer and costing him a new job.  Mr. Meyer had applied…

Defamation is hard to win in Texas.  See my prior post about a recent defamation case here in San Antonio.  This nurse had what should have been good evidence, yet she lost.  Employers enjoy a "qualified privilege" in Texas.  That means the employee must show actual malice by the employer.  Dakota Meyer, a very recent…

Retaliatory lawsuits are rarely a good idea.  Employers can feel very offended when an employee files a lawsuit. The employment relationship can be like family.  So, sure, many employers feel some betrayal when they are sued.  But, to respond with a counter-lawsuit almost never works. 

In one case, the employer responded to a discrimination lawsuit…

About a month ago, a lawyer in Washington DC represented a man charged with a felony. Apparently, the lawyer ran into some problems.  The judge berated him for being inexperienced and unprepared for the case.  A private investigator claimed that the lawyer told him to trick a witness into testifying that she did not see…

 A Houston law firm has sued a former paralegal claiming she and her husband defamed the law firm.  The law firm, Weston & Associates, claims Amber Williams went to a Citysearch website and left a negative review of the firm.  The suit claims the firm fired Ms. Williams for insubordination in 2010. She was fired…

Defamation cases are very difficult in the employment context.  In Texas, the employer is protected by what is referred to as a "qualified privilege."  The qualified privilege means the alleged victim of the statement must show the speaker acted with actual malice.  Actual malice means the speaker knew or should have known the statement was…

A San Antonio nurse filed suit against the Santa Rosa hospital for defamation.  The nurse, Tammy Perez, claims the hospital performed an abortion a few years ago.  She says the hospital then fired her after she raised the issue to various Roman Catholic church officials.  The Santa Rosa hospital is affiliated with the Roman Catholic…