Legal Question in Civil Rights Law in New York

No Idea where to go

I have been slandered by an ex-employer. This slander is in my divorce papers as to a reason for divorce. Because I am unable to afford an attorney I need some advise. The accusations can be proven false through computer documents at the ex-employers. Because he has had a succseful small clains case in the matter everyone is believing this lie. I had no money to fight him at the time because the soon to be ex had me fighting in Family Court. His actions have caused me many Jobs and has ruined my future in the automotive industry. What can I do. Where and how do I file to sue him/them. He has lied as to way I was let go from employment also lied to the state labor board so he didn't have to pay unemploment. As I said before, All of this can be proven with actual documents in his possesion.


Asked on 4/09/06, 12:06 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: No Idea where to go

Statements made in a court proceeding or in papers filed in a court proceeding, even if false, can not be the basis of a slander action because of what is called a "privelege" that attaches to court proceedings.

If you need to counter the statements in the pleadings,ask the court to subpoena the relevant

records that will disprove the claim.

Same thing with unemployment; ask the administrative law judge at the hearing to subpoena these documents.

The rest of your question makes no sense. If you are inquiring about a divorce proceeding, file your question in that category. Employment law

the same.

If your employer made a statement about you that

harmed your employment prospects, it depends on the context, what was said and to who, whether it is actionable.

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Answered on 4/09/06, 2:12 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: No Idea where to go

Generally for a slander case you would have to actually prove some damages, this might be very difficult to do since you might have proof that he made some statements but would you be able to provide proof of how those statements hurt you, and that it was these particular statements that hurt you instead of something else, which may have also played a role in the situation.

Regardless of statements being made in or out of Court you can still have an action so long as they're not what is considered privileged - usually the court officers are the only one who really enjoy this privilege, so any statements made by your ex would not fall into that category.

Your first problem would be in proving the effect these statements had on your life, then bringing in proof that these statements were made and in one context they were made... finally you would have to file suit probably in Supreme COurt, which even if you do it on your own will cost a minimum of several hundreds of dollars.

Much luck, if you have any questions feel free to contact me.

Carlos Gonzalez, Esq.

phone: 7185419077

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Answered on 4/09/06, 7:55 pm


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