Diane Ross Deamation Case Study

o Defamation – An intentional tort. The reputation of the victim is damaged publicly by untrue statements made by the tort-feezer.

Defamation is defined as a statement that injures another party’s reputation. Defamation includes both written statements, libel, and spoken statements, slander. In order to prove defamation 4 things must be shown: a false statement claiming to be true is made, sharing that information either verbally or through written communication with a third party, fault and damages.

“Northern Oregon has suggested that the other divisions of the company use a policy of using kiosks and staffing agencies rather than using the more “touchy-feely” method of relying on referrals”. I agree with this division of rejecting the use of employee referrals of unqualified

Libel tort law is defamation to a person’s reputation by print, signs, effigies, pictures, writing or any communication. The California court decided that because this article was

Separate Opinions: Judgment was affirmed by Judges Lundberg Stratton, O’Donnell, and Cupp, JJ. , as they believed Allen was discharged for taking unauthorized breaks from her scheduled employment. Since Allen failed to present evidence of a discriminatory motive from Isotoner, or that reason for releasing her from employment was a ground for discrimination, Lundberg Stratton, O’Donnell, and Cupp, JJ. felt only the issues presented by the facts of Isotoner discharging Allen due to ‘unauthorized breaks’ should be decided on, while issues of the facts not directly placed on issue should only be responded to with advisory opinion.

In Alabama in the early 1970’s, there was a height and weight limitation, in order to be considered as a candidate for becoming a prison guard. The restrictions were minimum 5’2 and 120 pounds. Such requests ruled out Dianne Rawlinson, who made a class action suit against the requirements, as she thought that they violated Title VII of the Civil Rights Act. Dianne Rawlinson raised the legal question in Court whenever height and weight requirements for employment as a prison guard in the Alabama would violate Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment.

In common law, defamation in writing is classified as Libel, and oral defamation as Slander” There are four elements of defamation.

A month previously Ramos received a phone call to a company hotline from fired employee, Betty Koster, who had been working in the accounting department for the past 8 years and believed that her termination was based on age discrimination. As Ramos already knew from her experience, calls from employees usually lead to investigation and should be handled immediately in order to avoid any possible lawsuit. After investigation of Koster’s employment file and interview with her supervisor, Simon Peel, Ramos understood that she needed evidence from Koster about age discrimination, since having been the oldest in department and the only person fired does not prove the allegation. When Ramos conducted a second call to the employee, Koster was very emotional and revealed new information about possible noncompliance with accounting procedures. Based upon her statement, sales representative Mark Tomkin, was alleged to have asked the accounting team to process entries without required approvals and or all required documents. Koster was the only one who did not agree to post anything into the accounting system without supporting documents. This was the reason why she believed that she had been fired.

Libel simply is "defamation of character by published word", the publishing of falsities to hurt a person's reputation or standing. However, now it is not limited to only printed word as in newspapers or magazines. Slander, which is defined as "defamation of character by spoken word" is now portrayed as a form

Plaintiff can establish slander per se by showing that the defamatory statements made injured their profession and reputation while drawing question to a particular skill necessary for proper conduct. However, allegations of plaintiff’s character do not meet slander per se. Joseph E. Hancock v. Easwaran P. Variyam, 400 S.W.3d 59 (14th Dist. 2016). To be actionable as slander per se, criminal allegations must be in accordance with the elements of criminal statues of the state, simply stating that plaintiff stole is not sufficient. Skillern v. Brookshire Et Al., 58 S.W. 2d 544 (Tex. Civ. App. 1933). For a statement to be slander per se, it must not use an innuendo to interpret the meaning of the statement and insults are not considered as outrageous behavior. David E. Moore v. Billy Waldrop, 166 S.W.3d 380 (5th Cir. 2006). Words which charge an employee with dishonesty in dealing with his employer are held as slander per se and injury to reputation is presumed. W.R. Tatum v. Carolyn Liner, 749 S.W.2d 251 (N.D. Tex. 2007). However, proof of malice is not required to entitle the plaintiff to actual damages in a slander per se case but the presumption of malice may be rebutted. W.R. Tatum. Privilege is an exception to slander per se but it can be destroyed when it is abused by the individual claiming it. W.R. Tatum

She should consider that the comment she is making will hurt the company not necessarily herself. Businesses are looking for honest individuals that will help the company grow not bring them down. If they fell that constant harm is being done then in turn they can let that person go.

People have a tendency to use slander and libel interchangeably, but that is incorrect even if they share similarities. According to Liuzzo, libel is the "spreading of damaging statements in written form," and slander is the spreading of damaging words or ideas about a person either directly or indirectly, usually with words, gestures or actions (2016, p. 52). Libel being mostly in the relam of the written word can be found in newspapers, magazines and websites, but it can also exist within memos and personal letters (Liuzzo, 2016, p. 53). A recent example of libel is that of actress Rebel Wilson who was awarded 3.6 million dollars in Australian court for damages from Bauer Media who published in two magazines that the actress was a serial-liar

A legal claim based on defamation entitles the victim to recover aginst the person making the defamatory remarks or their emotional damages. On top of that the victim could be able to sue for punishment dammages. Defamation can be proved on a person’s word alone. It is much more successful to have some sort of evidence like a paper, article, an e-mail, etc. In a defamation case damages do not have to be proven during the testomony. The plaintiff dose not have to testify that they were emotionaly destroyed or had to seek profesional help. The defamatory statement dose not have to be published out side of a company or group of people. Internal attacks can also be concidered defamatory. Each repition of the remark can be concidered a new attack. One of the biggest problems in proving defamation is that in some cases a person may have privlage to make the remarks. During a judicial proceding absolute privlage is given. Even if the remark is false the it can not be concidered slanderous in that setting. The defamer can make intentionaly untrue statements free of legal reprehension. A person with even a limited privlage such as an employer may still lose their privlage if the statement is made with malicious intent and reckless disregard.

Defamation is a law that protects the reputation of people, companies and other organisations. If something is written down or in any other format permanently, it is libel, slander if it is spoken and thus damages can be rewarded. Despite this, it also can be protected by defences. This law allows people, companies and organisations to sue for anything that is harmful or negative towards them. It is deemed to be a defamatory statement if it: exposes them to hatred, ridicule or contempt, lowers them in estimation of the right-thinking members of the public, causes them to be shunned or avoided and/or disparages them in their profession, trade or workplace. There are a multitude of platforms in which you can defame someone, these include: newspapers, TV, radio, blogs and social media sites. It is pretty much always defamatory to suggest that a person is a liar, insolvent, a cheat or facing financial crisis. To determine whether this is libel or not, will depend on if the publisher of the statement has a defence, such as it is proved to be true.

The main issue was whether McKee was an employee thus entitled to damages for wrongful dismissal or an independent contractor. The court held that McKee was an employee of Reirds Heritage Homes and not an independent contractor. The judge was concerned with the degree of the relationship between an employer and an employee. The main area of duties for Reids Heritage Homes was to sell houses and McKee totally engaged herself in this. Therefore, the Court concluded that McKee was an employee of Reirds Heritage Homes and was entitled to notice of employment termination and damages thereof.