I just saw judge Mathis punish someone for defamation even though the statement was true. He claimed that it was considered an invasion of privacy to disclose something to people discussed. I'm confused
This was very helpful as I'm about to file my case. My manager failed to be transparent that our "meeting" was a review, and posted false claims to my employee file preventing me from possibly moving on to another department in our system. This only came about after I mentioned to her on two previous occasions that I did not feel comfortable within the department, that other employees were speaking disrespectfully to me, and that I was treated with much better respect on other units. So basically she tried to retaliate against me and post libel information (hearsay) on my employee file that is visible to other department managers. Unfortunately, for her she neglected to respond to my initial claims, didn't investigate my concerns, and turned the situation around. As we all know my earning potential or growth within the system can be seriously impacted because of this. I hope no one has to ever deal with this it's very stressful, and I feel terrible going to work everyday.
You are awesome. I know what you mean by " pain and suffering" and sadly that pain and suffering can stop one from moving forward in life and seeking justice inorder to try to get away from the flashbacks and emotions the "situation" brings. Love your videos.
Hello, I appreciate your breaking this down for us. I watched this after I wrote my response to a wrongful and libel write up Friday and just got an apology and retraction this morning while the person was on the team meeting phone call with their direct supervisor!! 🎉😂 Vindication is sweeeeet
@@braniganrobertsonlaw let say there are rumors this guy is cheating on his wife. Is that slander?. Because your saying the guy is cheating on his wife. You are saying there are rumors he dod it
I had managers and leads do this. I didn't find out until years later and lost any chance I had to get answers for it. I wondered why I felt like I was being forced out and given less work. Later someone told me management wanted to get rid of me. It was after a period where I reported harassment and stalking. They never took action, and I was treated inappropriately by others there. But the statute ran out and I had an arbitration agreement when I hired. I wish I knew all this sooner... Thanks for the videos! Definitely subbing.
Love the intro and humor in an otherwise dry and serious topic. This vid was very informative, easy to understand and brought a smile to my face :) thank you for sharing your knowledge instead of hoarding it!
I know a guy who studied Islamic law in Saudi Arabia for six years. Returned in 2001. Became a part time Imam and got a government job. Within a few months, they tried to recruit him to spy. He refused. The government messed with him to get him to quit himself. It took them fifteen years of abuse. Now, he’s in his fifties. Penniless. In deep debt. Jobless. Homeless. A mental case. Such a huge budgeted hidden phycological job, no case against the government. Watch the movie The Game, by Michael Douglas. They do that to people multiple times a week over years!
thanks for that. I was just made victim to slander and defamation in New Zealand. So, even tho its law in California, many things apply here too. The hardest part to prove is the pain and suffering that goes with slander.
This really helps, me and my colleague recently got our privacy violated. Our private conversation on text was obtained without our consent and was printed out, not only that it was shown to everyone in our office and to our superiors. The conversation was out of frustration and and we were venting out, comforting each other however had swear words (not proud of it) and things were said about another colleague but nothing out of malice. It was our way of releasing our frustration. The conversation took place outside the office, and after office hours, yet it seems to our superiors we were in the wrong for just expressing our frustration. We feel unsafe at our workplace and we don’t know if we should continue to file a complaint. 😔
Sounds like it wasnt a lie so theres nothing you can do. If he made up what you guys said its one thing but if he exposed something you actually did thats on you
I’ve experienced this. My manager wrote on my termination paperwork that I was fired because I’m a Hermaphrodite and have schizophrenia. She argued that it prevented me from doing my job. These statements are false. It’s crazy to me that Managers can spread rumors about you and get away with it because they have power and you don’t. That’s why people are afraid to get jobs, this happens all the time.
I love how when I was in school we had many assemblies and such about the evils of drug use, DUIs, etc. We never had any education on law about the dangers and evils behind spreading false reporting. They didn't want kids to be afraid of tattletales and many times they just are teaching to be one and possibly taking things the wrong way.
I was watching a debate and one side called another libeling, so I was looking for a definition and found your video. Your video was pretty thorough (and thanks for the comic relief), and it gave me some perspective of Jesus Christ’s trial and accusations and made me cherish Him more! Thank you so much for taking the time to go though all these explanations. I appreciate it. Bless you and may you be a great success.
This can be a slippery slope and may be the reason why some women don't report sexual assault. Let me explain. If a woman is touched inappropriately and reports it to the manager and the male gets fired. He may sue for defamation. However, the woman was actually touched inappropriately. It happened. There isn't a camera following you around everywhere u go.
Someone I believe has worked for a company for about 3 years ,where the company falsely suspended him of theft resulting people in the workplace suspending him assuming that he was stealing company assets the employee submits evidence to the CCMA of paperwork signed by their personal of the company allowing the equipment to leave the building,I believe that the employee got suspended without a reason by the face to face by the employer. Due to the evidence of the employee the employer had to bring the employee back from suspension where the company still put it a theft warning on their name and gave them a warning even though they complied by company authorization to do so does the employee has a case here?
How about a former boss saying, "Don't talk to her. She's a bad person and doesn't know what she's doing" -- when talking to someone I shared an office space with? Yeah that sucked.
Thank you. Your information was awesome. I want you to know that you may be tired but you answered the questions simply for people to understand. I’m going to give you a call.
I watched this video and it was very helpful. I realized that this firm is located not far from me and I called for help. I was extremely disappointed to receive a callback saying that I can’t be helped because of “caseloads” or something in that area? I am so disappointed considering I have been severely harassed and I have documented evidence over a period of time. So why can’t I receive help if I’ve expressed complete anguish in result of my situation? My opinion is this lawyer could have looked into my case more but instead I feel shunned away when what I am going through is morally wrong. I’d like to think lawyers want to help resolve issues like mine and I’m disappointed in the strength of the video but the lack of it once I called.
Hi there. I'm sorry to hear this. We try our best to help as many people as we can. We also try our best to connect with everyone who calls our office. Sometimes we fall short. If you feel like we didn't do a good job hearing your story or evaluating your case, shoot me an email at branigan@brobertsonlaw.com with your name and I'll set up a personal call with you.
I’ve recently just gone threw defamation, an don’t know what to do. I was charged with a crime that was made up. It was racially motivated !! An was posted on many many articles on the internet. Trying to inform myself on this matter
Are you free to discuss my current situation from a wrongful work termination due to defamation and how it has ruined my reputation to work in the golf industry for the last 4 years. I have suffered emotionally with depression and anxiety. The golf course continues to grow financially while I have suffered.
Similar to employment law in the UK. Defamation - false statement of fact. I was accused of this when I raised a grievance but couldn't prove. They regretted it afterwards. That's all I can say
That was interesting, thanks. From my experience so far it seems that most lawyers want a $300 fee just to determine if there's a case, is that normal?
If a successful company like a restaurant posts a sign about say a taxi cab on a sign out side on the restaurants sidewalk area that says something like "warning taxicabs $100+ " is this legal to have multiple double sided signs stating that ? If one taxi cab overcharged a patron of there restaurant is it legal to post this type of sign advertising that??
Can an employee that works for the same city, but different entity sue the other one for making a false complaint against him, was clearly a "false statement of fact"?
I found this very informative. I contact a lawyer today and hope to hear back from them at the end of the week. I am curious to see what is recommended. I own 2 business and a family member said some inappropriate things on Facebook accusing me of an illegal act. I feel the accusation could damage my reputation as I am in the retail business. -from Pennsylvania btw- you remind me of agent copper from twin peaks
The law slways finds a way to protect companies. Lying on someone just because they both have a common interest is why I don't have faith in the justice system.
That's why you hire a lawyer. That's not a cop out. It's intricate and nuanced. However, he gave you some excellent text book examples. "Opinions" are not defamation. A "false" statement of "fact" is defamation. For instance, "I think you're a moron" (opinion). "You have a learning disability" (potentially false statement of fact that tends to make you look bad). I'm saying something as if it were a "fact". Another example. An opinion is "it is hot today". A fact is "it is 98 degrees today". Some people may disagree that it's "hot". Nobody can disagree it's 98 degrees.
This was such a great video. I think I have a libel case. I'm on worker's comp/FLMA. I've been coming into one of the offices to print out sick leave and medical forms once or twice a week over the course of a month not staying more than 30-45 minutes on average. An indirect manager received information from one the employees that works there that I have been coming in to work nearly 8 hour days-which was patently false. This manager sent an email to me and ten other colleagues stating that I should not be on the premises (handbook doesn't state that) and that I will be written up for the violations. This manager also ended the email with "if I can come in to use the computer than I am well enough to return to work." Do I have a libel case?
been accused of being a bergler in the apartment building i live in and 2 times i was not even home . and in 1 case the man that was burglarizing moved out of the neighborhood tho he did one guy has went after men for revenge , im disabled i have a non cure blood cancer and spinal cord damage and deceased but they do not respect me as disabled and still accuse and so forth.. and the landlord is no better he don't want people or me to use the water so as a result he has the accusers monitor my water usage and when i turn on the water or even flesh the toilet the landlord is called and told im using alot of water..i been in the building along time so im considered the villain.
I wish that you were my attorney. Love the way that you breakdown this information. I’m from NC and was discriminated and defamatory by the lowes home improvement corporation. Do you practice in other states?
How about a apartment complex who shared my complaint on the people below me for their music being loud and then they approached me with their finger in my face
You did do the complaint right? Then that's not a false statement. They have proof that you made the complaint. And thus that's not slander. It has to be false. Spreading true information to other people goes under free-speech.
@@honeybee6251 I had some people calling me a pedo on a facebook rant and rave page and they said I should kill myself again.. I'm not a pedo and never been in jail
@@bradleyperrine2874 i am also dealing with a crazy lady. Craziest thing is its my brothers wife. He believes everything she says. Now everyone in the family hates him. One day when he realizes his wife is not all there mentally, he is going to regret being stuck with his crazy sadistic woman. Those types of people bury themselves.
Company is accusing me of committing a crime after I retaliated against sexual harassment. HR was silent after I repeatedly tried to talk to them. Dock manager was no help whatsoever. Not sure if they told this to prospective employees. I found out about the defamation about 9 months ago. Had a work-place injury to boot. Trying to see if I have a case.
I was suspended because some woman fasley claimed i sexually harrast her but this was over ten years ago. She waa lying so much that she never even said what it was that offended her
So if a coworker says something awful about you to another employee and you over hear or record it (I recorded it), do you sue the other employee personally? Or the employer (manager, HR) for punitive damages and pain and suffering?
The store I work at was robbed at gun point and I was the employee working that night. After the incident one of the police officers was shopping at a near by store on duty (a store that I frequently shop at and get along with the workers great) when the employees there enquired about my safty, the police officer told the employees that he thinks I'm friends with the perpetrator and that I had somthing to do with the robbery, which is not true in the slightest. I understand that when a store is robbed that the workers collaboration in the robbery is considered and investigated but why go to another store and express his theories of my involvement to them?
My case - "Behavioral problems" -accused of-loathsome disease, implying mental or psychiatric issues; no matter what I produced ignored. 100s of emails, 100s of attachments, employer ignored every email, document and attachment completely and would not consider these; terminated me. I think that is acting in bad faith and with malice, because I can't defend myself in any way. Damage-I work with 7 businesses through this company, they wouldn't let me even contact any of these to end my status before terminating, because I need to work with them in possibly the next 20 years.
What if the defamation is on an Affidavit of Probable Cause that lacks any actual probable cause. The slandering liars called the police when no crimes were committed. The cops ended up violating me bad on camera. These people need to be held accountable but I’m overwhelmed and can’t find help.
This situation appears to deal primarily with the Fourth Amendment. Police Officers cannot arrest a person without probable cause (Hays v. Florida), nor can they search a home without probable cause (Payton v. New York). A "probable cause affidavit" that you mention is a written, sworn statement by a Police Officer, justifying the arrest of a person. A Police Officer may arrest a person immediately and without a warrant, for example, if the Officer sees what he believes to be a crime in progress. After the person's arrest the Officer will submit a "probable cause affidavit" to a judge, typically within 48 hours, to determine whether the officer legitimately had probable cause to conduct the arrest. If he finds that no such cause exists, the person is released. What about the search of one's home? A judge must issue the search warrant, particularly describing the place to be searched and the things to be seized, _before_ the search of a person's home absent exigent circumstances (Groh v. Ramirez). And if a Police Officer lies to obtain the judge's signature? The warrant must be re-examined, as it is then invalid (Franks v. Delaware). A statement by a random person about another person's commission of a crime, without more, may establish reasonable suspicion, but almost never establishes probable cause.
@@americanlegaldefense7789 I was detained for respect on my porch for using my camera. I didn’t know I was arrested until a week later. My charges finally were dismissed, I’m glad I didn’t kill myself over it. These people ruined my life. Search Killateral Damage channel. My video with the most views has the interaction.
I believe I'm going to need your services. Do you give free consultations to see if I have a case? Live in Montebello, working the OC area (Brea, La Habra and Fullerton).
I got two reports in which where put on me when i reported them both to my supervisor. N manager who told me to go home after i expose him when i disagree to go home when i ask for evidence they were falsy acussing me i email my agency had a meeting with both supervisor n manager n got demoted then bullied.
Why does the law focus on employment? There are many social situations that can cause damage in many ways. If a person is entitled to pain and suffering damages from an employment event, why is someone suffering horrendously for events outside of employment, denied the same recourse? Which, those events can certainly lead to employment problems anyway, esp. in a small town. The laws don't go far enough in this area. They are outdated statutes and archaic Justice. All these manipulative, lying, gaslighting, narcissistic, insecure greaseballs that cluck around ruining people's lives need to be stopped. They are just as bad as sexual predators. And, almost everyone I have ever known well are like that, or if not actively creators, they follow along out of insecurity and convenience. Defamation is completely toxic and create a totally unfair environment perpetually for the victims. It's one of the worst things to face, and it should be treated as such. Peace
I’m trans and have really bad mental health and really struggling at work atm. For some reason being trans and having really bad mental health opens the flood gates for abuse. Really don’t feel safe atm
The time limit to file is ridiculous to me. If the defamation is affecting your finances, how can you afford a lawyer/legal fee's? What if it affects you for years? Causing years of lost wages, along with emotional and psychological damage? Those people truly deserve to file when they finally obtain the funds to. To put a time limit on that is an injustice itself (in my opinion.)
I told the manager about the actual incidents regarding a male employee's obscene behavior but nothing came out of it. It's really difficult for me to take the results of my complaint fall on deaf ears.
Great video I'm in My state ..I have yet to get a response to the lawyers and the "torius interference" for over 3 years trying to get a full time job again has gotten out of control and I am confused that the claim a "statues of limitations" when lawyers don't respond when you ask for help
If your supervisor lies about you being unsafe in front of 7 other co workers to justify giving another employee overtime is tvat slander?we use a call in list and I got jumped over on it.He used safety as the reason.ive been there 15 years with zero safety issues.the guy that got called in was there less than 2 years.he was 33 i was 57.
A Public Adjuster that I hired to work for me scammed me. I left a negative review on what he did, now he’s suing me for defamation. I don’t have the funds to hire an attorney. What can I do?
Ive also been called an alcoholic with only having 5 beverages to date since January 2023. I dont drink. Im not a big drinker. I occasionally sip on my off days, and took a small smirnoff bottle from a roomate ONCE. They took that story and framed me as a DRUNK. Smh. When once again. I smoke at night to calm my adhd to SLEEP. Without it, I struggle to sleep. Regardless, why is my info being leaked out of a shelter that should be protecting my confidentiality? Why should I have to suffer for someone's lack of respect in clients' privacy? Once agin, this is Marshal trying to abuse the poor and im not standing for it.
Recently found out on youtube about your amazing informative channel and wonder if your office work or partner with other states lawyers that pursue these cases surely win me and have my case and more from many others.
Thank you for your video, Branigan. So, I understand that truth is a defense to an allegation of defamation. But what about cases that are not as cut and dried? What if the defendant can show evidence in support of the 'defamatory' statement? Will such a defense work, even if said evidence doesn't prove the defamatory statement but shows that the statement is more likely to be true than false?
This started in California, and has spread everywhere I go. Do I go to the FBI and give all the information I have? Well, I had said something to the police. What do I do there, because I know I have good information.
So I recently resigned from a job, me and the human recourses director wrote it up together and turned it in. The even wrote accepted on the letter (which I have a copy of) but they are telling prospective employers that I was terminated, does that meet the standard for defamation?
Statute of Limitations? What if you didn't know such terms and went through domestic violence shelters off and on with different types of relationships and having your other children taken away?? And going through smear campaigns with nosy neighbor?? You're trying to find ways to hustle after you tried to apply for jobs yet, people don't understand why you can't get one and tell you to get a real job ... but, you did! Then you find out about these blacklisting terms... so it's too late now? I always wondered why I couldn't or been told I'm not the right candidate!
I was accused of sexually harassing a co-worker..I brought it to hr with witnesses statements etc...first of all it took hr a month and a half to investigate..than hr emails me 5:30 pm on a Friday evening on there way out the door...the email basically said no further statements by me was needed & everything else involving the complaint was confidential...what are my rights at this point?
A statement that an individual "treats a person like he's stupid" and has "questionable ethics" has a 99.9% chance of failing to meet the bar of slander or libel because what constitutes "stupid treatment" varies from person to person. In other words, you cannot _prove_ "stupid" or its treatment. Similarly, "ethics" simply means "the morals of a person which govern his actions or behaviour," thus "good" ethics and "bad" ethics also depends upon what one person thinks is "good" or "bad." Furthermore, you don't simply use the term "good" or "bad," you use the term "questionable." This means you don't even know whether it's good or bad. When something is "questionable," it's also a statement of opinion as it cannot be actually _proven_ true or false.
Are QME doctor protection from a defamation lawsuit if he/she made false accusations without the burden of proof and established biased towards the injury workers and favoring the insurance company in his QME report damage your case completely.
Person can only sue you for defamation of character if the statement is false. But if it’s the actual truth you are protected.
I just saw judge Mathis punish someone for defamation even though the statement was true. He claimed that it was considered an invasion of privacy to disclose something to people discussed. I'm confused
If they intentional destroyed your name and got you harassed to. You can sue them for the damages. MALICE SLANDER
@@danielleg2616 that is a television show
What if it was formerly true? Like you were a rapist, and you changed? (AND NO I AM NOT A RAPIST)
yep@@infiniti37G
This was very helpful as I'm about to file my case. My manager failed to be transparent that our "meeting" was a review, and posted false claims to my employee file preventing me from possibly moving on to another department in our system. This only came about after I mentioned to her on two previous occasions that I did not feel comfortable within the department, that other employees were speaking disrespectfully to me, and that I was treated with much better respect on other units. So basically she tried to retaliate against me and post libel information (hearsay) on my employee file that is visible to other department managers. Unfortunately, for her she neglected to respond to my initial claims, didn't investigate my concerns, and turned the situation around. As we all know my earning potential or growth within the system can be seriously impacted because of this.
I hope no one has to ever deal with this it's very stressful, and I feel terrible going to work everyday.
I’m going thru this exact thing today 😮😢
You are awesome. I know what you mean by " pain and suffering" and sadly that pain and suffering can stop one from moving forward in life and seeking justice inorder to try to get away from the flashbacks and emotions the "situation" brings. Love your videos.
To #Suffer means that one was experiencing something that they did not like and they had thee option to stop it but they chose not to!
A nursing home falsely accused me of something called the police then banned me from coming back to see my mother.
I realize it is pretty randomly asking but do anybody know a good site to watch newly released series online?
@Milo Rogelio I would suggest FlixZone. Just google for it :)
@Angelo Legend Definitely, been watching on Flixzone for since april myself =)
Hello,
I appreciate your breaking this down for us.
I watched this after I wrote my response to a wrongful and libel write up Friday and just got an apology and retraction this morning while the person was on the team meeting phone call with their direct supervisor!! 🎉😂
Vindication is sweeeeet
I'm glad the videos are giving people the confidence to address issues at work!
@@braniganrobertsonlaw let say there are rumors this guy is cheating on his wife. Is that slander?. Because your saying the guy is cheating on his wife. You are saying there are rumors he dod it
I had managers and leads do this. I didn't find out until years later and lost any chance I had to get answers for it. I wondered why I felt like I was being forced out and given less work. Later someone told me management wanted to get rid of me. It was after a period where I reported harassment and stalking. They never took action, and I was treated inappropriately by others there. But the statute ran out and I had an arbitration agreement when I hired. I wish I knew all this sooner... Thanks for the videos! Definitely subbing.
Jobs forgot us folk are oil to the machine
We need more people like you outstanding lawyers , Hi from California.
Love the intro and humor in an otherwise dry and serious topic. This vid was very informative, easy to understand and brought a smile to my face :) thank you for sharing your knowledge instead of hoarding it!
I know a guy who studied Islamic law in Saudi Arabia for six years. Returned in 2001. Became a part time Imam and got a government job. Within a few months, they tried to recruit him to spy. He refused.
The government messed with him to get him to quit himself. It took them fifteen years of abuse.
Now, he’s in his fifties. Penniless. In deep debt. Jobless. Homeless. A mental case.
Such a huge budgeted hidden phycological job, no case against the government.
Watch the movie The Game, by Michael Douglas.
They do that to people multiple times a week over years!
thanks for that. I was just made victim to slander and defamation in New Zealand. So, even tho its law in California, many things apply here too. The hardest part to prove is the pain and suffering that goes with slander.
Thanks for the legal info you share. You're very clear and get straight to the point.
Hi Branigan, i study law independently here in California and it's no joke.. thanks so much for the video!
This really helps, me and my colleague recently got our privacy violated. Our private conversation on text was obtained without our consent and was printed out, not only that it was shown to everyone in our office and to our superiors. The conversation was out of frustration and and we were venting out, comforting each other however had swear words (not proud of it) and things were said about another colleague but nothing out of malice. It was our way of releasing our frustration. The conversation took place outside the office, and after office hours, yet it seems to our superiors we were in the wrong for just expressing our frustration. We feel unsafe at our workplace and we don’t know if we should continue to file a complaint. 😔
Sounds like it wasnt a lie so theres nothing you can do. If he made up what you guys said its one thing but if he exposed something you actually did thats on you
I’ve experienced this. My manager wrote on my termination paperwork that I was fired because I’m a Hermaphrodite and have schizophrenia. She argued that it prevented me from doing my job. These statements are false. It’s crazy to me that Managers can spread rumors about you and get away with it because they have power and you don’t. That’s why people are afraid to get jobs, this happens all the time.
How can being a hermaphrodite prevent you from doing ur job anyway
So the employer can lie on an employee as long as he is lied to someone who has a common interest?
Thank you for giving such wonderful advice! You also have a great sense of humor that I love in explaining your videos. Love it!
This videos are so informative, I didn't know nothing about it. Thanks a lot for doing videos like this Mr Robertson!
Really great job at breaking everything down! Wish you were in my State!
Don’t get tired of talking, big brother we appreciate education and you do an awesome job explaining thank you.
I love how when I was in school we had many assemblies and such about the evils of drug use, DUIs, etc. We never had any education on law about the dangers and evils behind spreading false reporting. They didn't want kids to be afraid of tattletales and many times they just are teaching to be one and possibly taking things the wrong way.
I was watching a debate and one side called another libeling, so I was looking for a definition and found your video. Your video was pretty thorough (and thanks for the comic relief), and it gave me some perspective of Jesus Christ’s trial and accusations and made me cherish Him more! Thank you so much for taking the time to go though all these explanations. I appreciate it. Bless you and may you be a great success.
This can be a slippery slope and may be the reason why some women don't report sexual assault. Let me explain. If a woman is touched inappropriately and reports it to the manager and the male gets fired. He may sue for defamation. However, the woman was actually touched inappropriately. It happened. There isn't a camera following you around everywhere u go.
Yes, you must prove it… to a jury. The jury is what needs to be convinced it happened.
Someone I believe has worked for a company for about 3 years ,where the company falsely suspended him of theft resulting people in the workplace suspending him assuming that he was stealing company assets the employee submits evidence to the CCMA of paperwork signed by their personal of the company allowing the equipment to leave the building,I believe that the employee got suspended without a reason by the face to face by the employer.
Due to the evidence of the employee the employer had to bring the employee back from suspension where the company still put it a theft warning on their name and gave them a warning even though they complied by company authorization to do so does the employee has a case here?
How about a former boss saying, "Don't talk to her. She's a bad person and doesn't know what she's doing" -- when talking to someone I shared an office space with? Yeah that sucked.
What if the person wrote a false statement to family court and filed a false domestic violence claim?
Thank you. Your information was awesome. I want you to know that you may be tired but you answered the questions simply for people to understand. I’m going to give you a call.
I watched this video and it was very helpful. I realized that this firm is located not far from me and I called for help. I was extremely disappointed to receive a callback saying that I can’t be helped because of “caseloads” or something in that area? I am so disappointed considering I have been severely harassed and I have documented evidence over a period of time. So why can’t I receive help if I’ve expressed complete anguish in result of my situation? My opinion is this lawyer could have looked into my case more but instead I feel shunned away when what I am going through is morally wrong. I’d like to think lawyers want to help resolve issues like mine and I’m disappointed in the strength of the video but the lack of it once I called.
Hi there. I'm sorry to hear this. We try our best to help as many people as we can. We also try our best to connect with everyone who calls our office. Sometimes we fall short. If you feel like we didn't do a good job hearing your story or evaluating your case, shoot me an email at branigan@brobertsonlaw.com with your name and I'll set up a personal call with you.
I’ve recently just gone threw defamation, an don’t know what to do. I was charged with a crime that was made up. It was racially motivated !! An was posted on many many articles on the internet.
Trying to inform myself on this matter
Are you free to discuss my current situation from a wrongful work termination due to defamation and how it has ruined my reputation to work in the golf industry for the last 4 years. I have suffered emotionally with depression and anxiety. The golf course continues to grow financially while I have suffered.
Very helpful actually. Brought up things I hadn't even thought about
Appreciate this video! Clear and straight to the point. Im preparing for pro se litigation in Federal Court and any pertinent info helps.
I appreciate your direct and calm, non threatening direct advice. Okie Girl🤠
Man, I had fun and lots of learnings thru your video or content. 💯
You have a lot of character your honor. Youre GREAT.
Thank you. I have a guy right now trying to slander me. You have helped me.
I love how you explain everything. 🤙🏼😍
I’m going to see my lawyer, RUclips is allowing harassment, bullying and defamation. Thank You for sharing.
Similar to employment law in the UK. Defamation - false statement of fact. I was accused of this when I raised a grievance but couldn't prove. They regretted it afterwards. That's all I can say
I've been suspended from asda and band from the gym over a false statement and they haven't answered my 3 letters
How many lawyers do we call and what do we tell them off the bat?
That was interesting, thanks. From my experience so far it seems that most lawyers want a $300 fee just to determine if there's a case, is that normal?
If a successful company like a restaurant posts a sign about say a taxi cab on a sign out side on the restaurants sidewalk area that says something like "warning taxicabs $100+ " is this legal to have multiple double sided signs stating that ? If one taxi cab overcharged a patron of there restaurant is it legal to post this type of sign advertising that??
Thank you I've learned so much from all your videos.
Can an employee that works for the same city, but different entity sue the other one for making a false complaint against him, was clearly a "false statement of fact"?
I found this very informative. I contact a lawyer today and hope to hear back from them at the end of the week. I am curious to see what is recommended. I own 2 business and a family member said some inappropriate things on Facebook accusing me of an illegal act. I feel the accusation could damage my reputation as I am in the retail business. -from Pennsylvania
btw- you remind me of agent copper from twin peaks
The law slways finds a way to protect companies. Lying on someone just because they both have a common interest is why I don't have faith in the justice system.
So if a performance review doesn't count, when does it count?
That's why you hire a lawyer. That's not a cop out. It's intricate and nuanced. However, he gave you some excellent text book examples. "Opinions" are not defamation. A "false" statement of "fact" is defamation. For instance, "I think you're a moron" (opinion). "You have a learning disability" (potentially false statement of fact that tends to make you look bad). I'm saying something as if it were a "fact". Another example. An opinion is "it is hot today". A fact is "it is 98 degrees today". Some people may disagree that it's "hot". Nobody can disagree it's 98 degrees.
This was such a great video. I think I have a libel case. I'm on worker's comp/FLMA. I've been coming into one of the offices to print out sick leave and medical forms once or twice a week over the course of a month not staying more than 30-45 minutes on average. An indirect manager received information from one the employees that works there that I have been coming in to work nearly 8 hour days-which was patently false. This manager sent an email to me and ten other colleagues stating that I should not be on the premises (handbook doesn't state that) and that I will be written up for the violations. This manager also ended the email with "if I can come in to use the computer than I am well enough to return to work." Do I have a libel case?
Not a lawyer but it sounds like an opinion statement. Hope you’re feeling better
been accused of being a bergler in the apartment building i live in and 2 times i was not even home .
and in 1 case the man that was burglarizing moved out of the neighborhood tho he did one guy has went after men for revenge , im disabled i have a non cure blood cancer and spinal cord damage and deceased
but they do not respect me as disabled and still accuse and so forth.. and the landlord is no better he don't want people or me to use the water so as a result he has the accusers monitor my water usage and when i turn on the water or even flesh the toilet the landlord is called and told im using alot of water..i been in the building along time so im considered the villain.
I wish that you were my attorney. Love the way that you breakdown this information. I’m from NC and was discriminated and defamatory by the lowes home improvement corporation. Do you practice in other states?
How about a apartment complex who shared my complaint on the people below me for their music being loud and then they approached me with their finger in my face
You did do the complaint right? Then that's not a false statement. They have proof that you made the complaint. And thus that's not slander. It has to be false. Spreading true information to other people goes under free-speech.
What if they accuse you of being a predator
Exactly ! Was recently accused of "stalking" and I have to prove my innocence. I am feeling so overwhelmed today :-(
@@donnadiggitty106 they need to provide proof and evidence of an incident that has occurred eg: footage, witnesses,
@@honeybee6251 I had some people calling me a pedo on a facebook rant and rave page and they said I should kill myself again.. I'm not a pedo and never been in jail
@@bradleyperrine2874 i am also dealing with a crazy lady. Craziest thing is its my brothers wife. He believes everything she says. Now everyone in the family hates him. One day when he realizes his wife is not all there mentally, he is going to regret being stuck with his crazy sadistic woman. Those types of people bury themselves.
They must show proof! Otherwise, their words mean nothing.
Company is accusing me of committing a crime after I retaliated against sexual harassment. HR was silent after I repeatedly tried to talk to them. Dock manager was no help whatsoever. Not sure if they told this to prospective employees. I found out about the defamation about 9 months ago. Had a work-place injury to boot. Trying to see if I have a case.
So if one company directly targets another company saying that their prices are better than the other, is that libel
No, that's puffery.
Just curious, how do reviews of a service relate to this matter?
I was suspended because some woman fasley claimed i sexually harrast her but this was over ten years ago. She waa lying so much that she never even said what it was that offended her
Great Job Sir
What about FALSE allegations of being late or not being at work, or "not at my desk"? Yes, completely false accusations
I have probably taken 100+ calls for defamation cases. The problem I find is that the client didn't suffer any damages.
So if a coworker says something awful about you to another employee and you over hear or record it (I recorded it), do you sue the other employee personally? Or the employer (manager, HR) for punitive damages and pain and suffering?
Same! Recorded it too.
Did you ever receive an answer
Thanks for the vid. I think I definitely have a case, although I'm in Mississippi
The store I work at was robbed at gun point and I was the employee working that night. After the incident one of the police officers was shopping at a near by store on duty (a store that I frequently shop at and get along with the workers great) when the employees there enquired about my safty, the police officer told the employees that he thinks I'm friends with the perpetrator and that I had somthing to do with the robbery, which is not true in the slightest. I understand that when a store is robbed that the workers collaboration in the robbery is considered and investigated but why go to another store and express his theories of my involvement to them?
My case - "Behavioral problems" -accused of-loathsome disease, implying mental or psychiatric issues; no matter what I produced ignored. 100s of emails, 100s of attachments, employer ignored every email, document and attachment completely and would not consider these; terminated me. I think that is acting in bad faith and with malice, because I can't defend myself in any way. Damage-I work with 7 businesses through this company, they wouldn't let me even contact any of these to end my status before terminating, because I need to work with them in possibly the next 20 years.
What if the defamation is on an Affidavit of Probable Cause that lacks any actual probable cause.
The slandering liars called the police when no crimes were committed. The cops ended up violating me bad on camera.
These people need to be held accountable but I’m overwhelmed and can’t find help.
This situation appears to deal primarily with the Fourth Amendment. Police Officers cannot arrest a person without probable cause (Hays v. Florida), nor can they search a home without probable cause (Payton v. New York).
A "probable cause affidavit" that you mention is a written, sworn statement by a Police Officer, justifying the arrest of a person. A Police Officer may arrest a person immediately and without a warrant, for example, if the Officer sees what he believes to be a crime in progress. After the person's arrest the Officer will submit a "probable cause affidavit" to a judge, typically within 48 hours, to determine whether the officer legitimately had probable cause to conduct the arrest. If he finds that no such cause exists, the person is released.
What about the search of one's home? A judge must issue the search warrant, particularly describing the place to be searched and the things to be seized, _before_ the search of a person's home absent exigent circumstances (Groh v. Ramirez).
And if a Police Officer lies to obtain the judge's signature? The warrant must be re-examined, as it is then invalid (Franks v. Delaware).
A statement by a random person about another person's commission of a crime, without more, may establish reasonable suspicion, but almost never establishes probable cause.
@@americanlegaldefense7789 I was detained for respect on my porch for using my camera. I didn’t know I was arrested until a week later. My charges finally were dismissed, I’m glad I didn’t kill myself over it. These people ruined my life.
Search Killateral Damage channel. My video with the most views has the interaction.
I believe I'm going to need your services. Do you give free consultations to see if I have a case? Live in Montebello, working the OC area (Brea, La Habra and Fullerton).
THANK YOU SOOOO MUCH!!!! I NREDED TO WATCH THI|S ... i HAVE ALL OF THIS AND MORE! THANK U SOOO MUCH
I got two reports in which where put on me when i reported them both to my supervisor. N manager who told me to go home after i expose him when i disagree to go home when i ask for evidence they were falsy acussing me i email my agency had a meeting with both supervisor n manager n got demoted then bullied.
sorry
Why does the law focus on employment? There are many social situations that can cause damage in many ways. If a person is entitled to pain and suffering damages from an employment event, why is someone suffering horrendously for events outside of employment, denied the same recourse? Which, those events can certainly lead to employment problems anyway, esp. in a small town.
The laws don't go far enough in this area. They are outdated statutes and archaic Justice. All these manipulative, lying, gaslighting, narcissistic, insecure greaseballs that cluck around ruining people's lives need to be stopped. They are just as bad as sexual predators.
And, almost everyone I have ever known well are like that, or if not actively creators, they follow along out of insecurity and convenience. Defamation is completely toxic and create a totally unfair environment perpetually for the victims. It's one of the worst things to face, and it should be treated as such.
Peace
you make me laugh when you are speaking on the phone haha so funny♥
So I have a case! I’m in Oregon and I’ve been trying to find an attorney
Defimation, slandering,of a personss character libel
A coworker accused me of stealing boxes of product from employer.
I’m trans and have really bad mental health and really struggling at work atm. For some reason being trans and having really bad mental health opens the flood gates for abuse. Really don’t feel safe atm
Michigan, Thank You.
Great video I'm in Missouri area and yet I can't get a reply from a few lawyers to answer emails or message boards
The time limit to file is ridiculous to me. If the defamation is affecting your finances, how can you afford a lawyer/legal fee's? What if it affects you for years? Causing years of lost wages, along with emotional and psychological damage? Those people truly deserve to file when they finally obtain the funds to. To put a time limit on that is an injustice itself (in my opinion.)
I hate statutes of limitations. I understand why the Justice system needs them, but I don't like them one bit.
I told the manager about the actual incidents regarding a male employee's obscene behavior but nothing came out of it. It's really difficult for me to take the results of my complaint fall on deaf ears.
Great video I'm in My state ..I have yet to get a response to the lawyers and the "torius interference" for over 3 years trying to get a full time job again has gotten out of control and I am confused that the claim a "statues of limitations" when lawyers don't respond when you ask for help
If someone treats you reprehensibly and you say "this person acted in a represhensible manner".. can they sue you for that?
Good stuff. Thank you Branigan
If your supervisor lies about you being unsafe in front of 7 other co workers to justify giving another employee overtime is tvat slander?we use a call in list and I got jumped over on it.He used safety as the reason.ive been there 15 years with zero safety issues.the guy that got called in was there less than 2 years.he was 33 i was 57.
Thank you for the clear explanation.
A Public Adjuster that I hired to work for me scammed me. I left a negative review on what he did, now he’s suing me for defamation. I don’t have the funds to hire an attorney. What can I do?
Ive also been called an alcoholic with only having 5 beverages to date since January 2023. I dont drink. Im not a big drinker. I occasionally sip on my off days, and took a small smirnoff bottle from a roomate ONCE. They took that story and framed me as a DRUNK. Smh. When once again. I smoke at night to calm my adhd to SLEEP. Without it, I struggle to sleep. Regardless, why is my info being leaked out of a shelter that should be protecting my confidentiality? Why should I have to suffer for someone's lack of respect in clients' privacy? Once agin, this is Marshal trying to abuse the poor and im not standing for it.
I like your third point 2:06
Thanks for sharing.
⚖️ will be served.
This guy seems he's on the side of employers.
I agree
Recently found out on youtube about your amazing informative channel and wonder if your office work or partner with other states lawyers that pursue these cases surely win me and have my case and more from many others.
Thank you for your video, Branigan. So, I understand that truth is a defense to an allegation of defamation.
But what about cases that are not as cut and dried? What if the defendant can show evidence in support of the 'defamatory' statement? Will such a defense work, even if said evidence doesn't prove the defamatory statement but shows that the statement is more likely to be true than false?
What if falsely accused of stealing money but in 24 hours it shows up after you're gone
This started in California, and has spread everywhere I go. Do I go to the FBI and give all the information I have? Well, I had said something to the police. What do I do there, because I know I have good information.
Thank you!
So I recently resigned from a job, me and the human recourses director wrote it up together and turned it in. The even wrote accepted on the letter (which I have a copy of) but they are telling prospective employers that I was terminated, does that meet the standard for defamation?
Talk to a lawyer near you. Ask family and friends for a recommendation.
Statute of Limitations? What if you didn't know such terms and went through domestic violence shelters off and on with different types of relationships and having your other children taken away?? And going through smear campaigns with nosy neighbor?? You're trying to find ways to hustle after you tried to apply for jobs yet, people don't understand why you can't get one and tell you to get a real job ... but, you did! Then you find out about these blacklisting terms... so it's too late now? I always wondered why I couldn't or been told I'm not the right candidate!
I was accused of sexually harassing a co-worker..I brought it to hr with witnesses statements etc...first of all it took hr a month and a half to investigate..than hr emails me 5:30 pm on a Friday evening on there way out the door...the email basically said no further statements by me was needed & everything else involving the complaint was confidential...what are my rights at this point?
What about if you feel that the manager discriminated against you but can't prove it, will that consider defamation.
So what if I say/write that my ex-employer treats their co-workers like they're stupid and have questionable ethics?
A statement that an individual "treats a person like he's stupid" and has "questionable ethics" has a 99.9% chance of failing to meet the bar of slander or libel because what constitutes "stupid treatment" varies from person to person. In other words, you cannot _prove_ "stupid" or its treatment. Similarly, "ethics" simply means "the morals of a person which govern his actions or behaviour," thus "good" ethics and "bad" ethics also depends upon what one person thinks is "good" or "bad."
Furthermore, you don't simply use the term "good" or "bad," you use the term "questionable." This means you don't even know whether it's good or bad. When something is "questionable," it's also a statement of opinion as it cannot be actually _proven_ true or false.
@@americanlegaldefense7789
I highly appreciate the advice
Lawyers should NEVER be tired of talking!😉😆
when mentioning about "John smith"....I almost could smell a motive brewing!
Do these laws apply to groups as well as individuals who are being defamed, libeled, and slandered?
Are QME doctor protection from a defamation lawsuit if he/she made false accusations without the burden of proof and established biased towards the injury workers and favoring the insurance company in his QME report damage your case completely.
a libellous statement must be toward a third party. is it still libellous if it is made to the the target and is overheard by a third party?
What happens when it's a defendants attorney directing lies towards you?