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    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #1

    Jul 18, 2010, 06:01 PM
    Defamation of Character Suit
    Hi there,

    I was wondering if I could start a defamation of character suit against a former employer. An office staff decided to go around and tell everyone at work that I got fired (before I was actually informed) for having a dirty UA. This is no one's business but mine, and no one else's place to tell anyone but mine. I feel that my reputation has been ruined and this isn't right. Can I sue?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 18, 2010, 06:21 PM

    This gets complicated - was it true?

    Sorry to have to ask but that is pivotal.
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #3

    Jul 18, 2010, 06:25 PM

    No, I'm around it every once in a while so some might be in my system. But my test results aren't even back yet.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Jul 18, 2010, 06:26 PM

    It won't be in your system if you are "around it." You have to actually smoke it/inject it/snort it for it to be in your system.
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #5

    Jul 18, 2010, 06:30 PM

    Yes it could. I've tested positive for THC before after being a room where weed was smoked.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #6

    Jul 18, 2010, 06:33 PM

    If you say so.
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #7

    Jul 18, 2010, 06:34 PM

    Anyway, thanks for the help.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jul 18, 2010, 06:51 PM

    I've never seen it show up unless - as J9 says - someone was an active participant. However, I'm not an authority. Odd because a member of my extended family just made this same argument following failing a Family Court ordered follicle test. The Court didn't buy it but anyway...

    Here's something I wrote -
    "Briefly - Generally in law libel refers to permanent/written statements and slander refers to non-permanent/spoken statements. Defamation (of character) covers both categories.

    You must be damaged - and prove damages - in order to recover. The statements (either written or spoken) must be false but presented as though they were true and be beyond offensive, derogatory or insulting. Such statement must rise to a level which actually harms a person’s reputation. In general the person making the statement must either know it isn’t true or make the statement without attempting to verify if it is true.

    The defense to defamation is that the information was not presented as the truth (which covers gossip), that the information was never secret (privileged) and was always public."
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #9

    Jul 18, 2010, 06:56 PM

    Thanks for the information Judy. That helps.

    The minimum most tests show up as "positive" is 50 nanograms. That's a positive results, contact will usually show up, but not register a positive. My instance I was "hotboxed" which means I was in a very small room where weed was smoked for an extended period causing a "contact high".
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