|
|
| *Ostroff, Fair and Company>>>Law & Legal |
Urgent!! In need of legal help!? |
Here's the story, i'll condense it as much as I can. My mother is friends with her co-worker, lets call her Jane.They used to work together, but Jane quit and hated her job, so my mother pulled some strings and got her a job again. One day my mother was talking with her boss who had asked her to find out if Jane was okay, because she had been acting depressed since she began working her new job. My mother, being her friend, and I being friends with her son, called her son, lets call him Thomas. Well Thomas recorded their conversation where my mother said things like (Jane is such a wonderful worker, and friend I was concerned.. etc) Thomas took this recorded conversation, gave it to Jane, and Jane is now suing my mother, and her boss for Slander. My questions are: - Was that recorded conversation, without cause illegal? - Was she right to sue for slander? When my mother is a close friend, and only trying to help because she seemed depressed? Your mother should also be able to sue Jane and/or Thomas for recording her without her permission. In most states, it is illegal to tape someone (audio) without his or her permission. What slander would there be? Because they were talking about her acting depressed? I don't think that falls within the definition of slander. That seems to be an opinion. Slander is the verbal/oral form of defamation. Typically, the elements of a cause of action for defamation include: 1. A false and defamatory statement concerning another; 2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); 3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and 4. Damage to the plaintiff. I found this: New York Consolidated Laws - Civil Rights 搂 78. Mitigating circumstances in action for libel or slander. In an action for libel or slander the defendant may prove mitigating circumstances, including the sources of his information and the grounds for his belief, whether or not he has pleaded or attempted to prove any defense. A defendant in default for want of an answer may prove such mitigating circumstances upon a reference or inquiry to ascertain the amount of the plaintiff's damages. Matter tending only to mitigate or reduce damages is a partial defense and may be set forth in the answer. There may also be a defense for privileged communications (in CA, this might be considered one of those communications which falls under the litigation privilege). Some more that I found: New York Consolidated Laws - Civil Practice Law & Rules Rule 3016. Particularity in specific actions. (a) Libel or slander. In an action for libel or slander, the particular words complained of shall be set forth in the complaint, but their application to the plaintiff may be stated generally. First thing I would do is see if the boss will pay for the defense of the claim, since it seems like your mother was doing this within the course and scope of her employment. If not, check with the homeowners' insurance company - it may be covered, although this is not typically what one would think of when thinking about homeowners' insurance coverage. Source(s): ask.com search It is not acceptable in court. No right but you can sue for anything these days, I suggest your mom counter sue and later agree to drop sue if she drops. Go figure, that's what you get for helping friends...what's this world coming too. Your mom seems to be a very nice person. That's not going to go through court. Mention the fact that she was depressed though, and she'll get help. Umm, does she even know the definition of Slander? I thought that the other party had to be notified of the recording, but that law could have changed in recent years due to all the terrorism. I am not an attorney but have been in insurance for many years. Anyone can sue for anything but I think the thing is will she "get" anything. There has to be a tangible loss due to the "slander" like loss of job or some loss of standing in the community (loss of future earnings due to the "slander" - which is something done publicly which this does not sound like). If she just didn't like people talking about her, I don't see there was an actual loss. It doesn't sound like the boss shared any private medical information with your mother, it was just a concern for her well being. Does your mother have homeowners insurance? If she does, does she have "personal injury" liability? Which is libel, slander & defamation of character. This has to be added by endorsement since it is not on the standard policy. If so, her homeowners policy she can report it there & they will defend her, they will not pay anything unless she is found liable & they will investigate. If she does not, she will have to hire her own attorney. How sad for your mother. I guess in this day & age you have to be careful who you make friends with. It is sad. You can get free legal advice on websites like LawGuru, FindLaw. Check this out for more info http://www.uelp.org/freelegal.html... Tape recordings such as that are not legal in court unless BOTH party's know that the conversation is being recorded. She (Jane) should be going after her own son (Thomas) as HE is the one doing the recording. That is a shame that Jane turned her back on your mother when all she was doing was trying to help out. I think your mother might ought to rethink having Jane as a friend after this. Jane might get laughed out of court IF it goes that far as per what you said there was no slander on your mothers behalf. I mean saying that she is a wonderful worker is not slandering Jane at all. But really Jane should go after her own son if anybody at all. |
| Tags |
| Corporations Other - Careers & Employment Technology Marketing & Sales Law & Legal Health Care Government & Non-Profit Food Service Financial Services Administrative and Office Support |
Finance Categories--Copyright/IP Policy--Contact Webmaster |