Legal Question in Civil Litigation in Utah

Is this Libel and is the burden of proof on him or me?

A letter was sent to my employer by my wife's ex-husband. In the letter there were false statements made about me and actions I have supposedly taken. Is this Libel? My employer gave the letter to my supervisor, who called me in for a meeting in her office. I was not disciplined, but the letter will go in my file and may damage my future plans for my career. If I were to sue the ex-husband would the burden of proof be on me to prove the events did not take place or on him to prove they did? Both sides would have witnesses stating different sides to the story. There is nothing in the police reports stating any of his allegations took place. How would I calculate damages?


Asked on 5/04/05, 4:14 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Is this Libel and is the burden of proof on him or me?

That is libel and you can sue. However, it is hard to prove damages at this point, since your employer took no action. I suggest that you go to a higher supervisor and request to have the letter removed from your file, since it is unsubstantiated and from a questionable source. If you were filed because of the letter, and the contents were false, you could sue for your lost wages and general damages. However, if the contents were proven true, you get nothing.

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Answered on 5/04/05, 5:45 pm


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