Slander? Defamation of character? Need answer fastish...

“Mary” works in a small department that shares a confidential and private client list within a larger system of companies using a shared online database.

“Judas” is a client/customer of Mary’s department.

Mary has discovered through the grapevine that Judas was at a professional networking event very recently, claiming as part of his work experience that Mary’s department gave him private and confidential staff access to this client list and online database to allow him to do contract work on said database while at Mary’s department.

That is entirely against the agreement that the system has, and in fact, the system employs its own IT department to handle the database because it is private and confidential information.

Now the larger system is threatening to eject Mary’s entire company from the system, based solely on Judas’ claims of the actions of her department.
Pertinent info:

Neither Mary nor anyone in her department actually KNOWS the required login and passcode information to have admin access to the database itself, let alone to alter it. Therefore Judas’ claims are inaccurate in that aspect, regardless of anything else.

None of Mary’s staff remember Judas acting strangely, or attempting to get that information. However, Mary herself knows that Judas asked on several past occasions if the department would be interested in hiring him to work on the database. Mary always dissuaded him, or referred him to the IT department. (IT does not have any record of Judas contacting them looking for work.)

Everyone in Mary’s staff is well aware that the database and the access information are confidential and private, and have directly stated they did NOT pass on that information to any non-staff person.
Question:

What should Mary do? Does she have any recourse personally? Judas is essentially slandering her department, and her by extension as the person in charge of that department. Of note, Judas didn’t appear (based on what she was told) to have conveyed that information with the *intent *of getting the department in trouble, but as a way to indicate his work experience.

(Obviously, details are obscured/altered.)

I am a lawyer who handles a lot of defamation cases. Mary should speak to a lawyer with such experience in her jurisdiction. Mine is California. Defamation varies a great deal in different states. Sounds like she has a case.

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Questions about legal and other types of advice go in IMHO.

Moving thread from General Questions to In My Humble Opinion.

Sorry/Thanks - I always forget that. :smack:

Slander and defamation of character cases are normally extremely hard to prove and win even when there is hard evidence of someone talking smack so that seems like a questionable strategy. Unless there is written or recorded evidence of these specific assertions beyond the hearsay mentioned it would not seem to be a useful undertaking.

Judas’ status seems somewhat nebulous in this. Does he have anyone in this scenario with authority over him that can force him to divulge if this claim is BS or not? If he does not the only path I see is some sort of action akin to tortious interference with contact or something similar in that he is disrupting the contractual relationship (if it is such) between Mary’s Dept and the rest of this network. Again this will require some kind of hard prof beyond “I heard he said…”

I think this is asking if he does actually work for the department, the company, or the system? The answer is NO. He CLAIMED to have been given work, but that is a false claim. As far as the department, company, and system are concerned, he is a client/customer.

I think I need a translation for this part. If the damage Judas has done is that the network kicks the company out (or that the network/company feels that Mary’s department (or Mary) has hurt their standing in that relationship) because someone representing the network heard Judas saying this, isn’t that proof enough?

Surely if someone is making false claims and it causes damage to someone’s reputation or livelihood, there can be repercussions for that, right?

You’re going to need a lawyer to answer the question as to the standard of proof required, but based on my understanding someone just saying they heard him say this is unlikely to be sufficient proof to win a slander case. These cases are very difficult to win.

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Actually, refer to the article you linked. The second point is “Prove the Statement was Made to Others.” Calling in the persons to whom he made the alleged statement to testify that he made the statement is legitimate proof that he made the statement to others and is not excludible as hearsay. (The defense is free to challenge the credibility of the witnesses.)

Yes, she still has to prove that the statement was false and she has to connect the statement to her loss of business. But proving that he said it is a necessary part of her case.

Mary should listen to The Second Stone and forget the rest. Except this.

So rarely is such wisdom spoken about me on these boards. But in this case, I know I am correct. The only way to evaluate it is with a lawyer with a lot of expertise in defamation (which is hard to come by) in your jurisdiction.