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SOS_greenland · May 24, 2007, 10:33 PM

Hello everyone.
What is the statue of limitations for suing for libel and defamation of character? Thanks.

ScottGem · May 25, 2007, 04:50 AM

Originally Posted by SOS_greenland

Hello everyone.
What is the statue of limitations for suing for libel and defamation of character? Thanks.

First its not a good idea to piggyback your question on someone else's thread. That tends to confuse things. So I've requested this be moved to its own thread.

Second SOL laws vary depending on your area, something you left out.

Please use this thread

SOS_greenland · May 25, 2007, 04:39 PM

Sorry, I'm from California and 6 months ago I received an e-mailed from a Supervisor, basically accusing me of having left my desk(of which is false), I have disproven that claim with Human Resources , however, I want to take legal action, because this same Supervisor in a previous Performance Review(a year ealier) wrote that I had said to a colleague that "I was going to bite her ear" (False, I have disproven that claim as well with Human Resources). Can I take legal action based on libel, slander and defamation of character? Can I also take legal action against my employer? Thanks in advanced.

ScottGem · May 25, 2007, 04:48 PM

While you might win a cause of libel, what would you gain. Since you didn't lose your job, the only thing you may have suffered is a lower raise, and you will have a hard time proving that. You might have a better cause against the employer for not taking action against the supervisor after showing he has lied about you. But again that is iffy.

SOL shouldn't be a factor at this point. But I would consult with an attorney. Many will give you a free consultation and tell you if you have a case.

SOS_greenland · May 25, 2007, 05:17 PM

Thank you ScottGem. I appreciated, greetings.

Fr_Chuck · May 25, 2007, 05:34 PM

Often in a performance review there will be things put down that we don't agree with, or believe that is false. That is of course why reviews have a place first to respond normally. And companies should have an appeal process. If the company after this was proven false, adjusted the review, I am not sure there is a case. A boss merely being wrong, or having been told incorrect facts, dose not make it libel or slander, unless there was actual harm done, In this case they did not appear to make it publicly to others, but had it in company evlauations, ( so it appears the boss believed it to be true) If the boss had good reason to believe his evidence was correct ( even if not) he may not be guity of anything other than being a poor boss.

If the company after you appealed this to the company, and they corrected the issue after being shown proof, then I don't believe there is a case at all.

But then one can always try.