Can I sue a contractor for defamatory and slanderous comments

[Bmaysonet]

I was a maintenance manager for a big Real estate owner my job was to hire, oversee and manage all Vendors and services. one particular vendor who had personal ties and played golf with upper management made a false accusation about my professional character because I was not using his company for services but instead used a competitor. as a result of the false statement I was called in the following day , was asked if I offended the vendor, the day after that I was terminated immediately. because I lived on property I was evicted as well and denied unemployment. 2 weeks prior to this incident I was given a stellar evaluation and raise. now the vendor is servicing the property where I was working and since my termination, I have endured extreme financial hardship ,I am the sole provider of my household and this has caused me tremendous pain and suffering. unlike many cases, I actually had witnesses that were present to the conversation that took place the day I met with the vendor. the vendor is now servicing the property where he got me fired from which was his intention

 

[army judge]

Nothing you reported is illegal or even relevant.

An employer can give you a great review and terminate your services 10 minutes later.

Absent an employment control, you serve at the employer's whim.

That's a two way street, because you can quit without notice, rhyme, or reason, too.


Sent from my iPad3 using Tapatalk HD

 

[Bmaysonet]

Again, ( I AM NOT TALKING ABOUT SUING MY PREVIOUS EMPLOYER) I am referring to suing a small company owner (NOT AFFILIATED WITH THE COMPANY THAT EMPLOYED ME) that made a false accusation about my behavior that caused me to be terminated and my reputation to be tarnished to the point that I wont be able to work as a Maintenance Manager for quite some time. my reference to my review was to make the point that my employer was very happy with my performance and history. I am fully aware of Florida's "at will law" that is not the issue. the issue is that the private contractor (NOT AFFILIATED WITH MY COMPANY) mad e a false verbal and written statement defaming my character as maintenance manager with the direct intention of having me fired so that he would take over a service contract.

Defamation Per Se

Some statements of fact are so egregious that they will always be considered defamatory. Such statements are typically referred to as defamation "per se." These types of statements are assumed to harm the plaintiff's reputation, without further need to prove that harm. Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things:

a criminal offense;

a loathsome disease;

matter incompatible with his business, trade, profession, or office; or

serious sexual misconduct.

 

[cbg]

He stated his opinion about your not using his services. He's allowed to do so.

 

[Bmaysonet]

I apologize for not being more specific. he accused me of being disrespectful, and for making a sexual gesture, which by the way is false. again my assistant was in the office when the whole conversation took place.

 

[cbg]

Disrespectful is a matter of opinion. If he believes that you were disrespectful, it is not defamatory for him to say so. The same applies if he believes that you made a sexual gesture, even if he is mistaken.

The burden of proof would be on you to prove that he knowingly and deliberately made statements that he KNEW were false, as opposed to his misunderstanding or having a different opinion. How do you plan to go about proving that?

 

[Bmaysonet]

I have two witnesses that were present that will testify as well as 2 of his former employees that will confirm his history of how he lies I order to do business . Freedom of speech is one thing, false accusation is another especially if it causes the damage that it has to me and my family.

 

[cbg]

You're not getting what I'm saying. All the witnesses in the world will not prove that he did not honestly, truly think that you were being disrespectful. Or that he did not honestly, truly think that you made a sexual gesture. At best, they can testify that their opinion does not match his. They cannot testify, truthfully, that they KNOW what was in his mind when he said that.

And I seriously doubt that any court would agree that that was a defamatory statement to start with. Nothing in that statement comes even close to meeting the definitions of defamation per se in your own post.

 

[Betty3]

You said you were denied unemployment ins. Do you mean by the employer or state UI agency? The employer doesn't approve or deny UI - the state does. The employer can only contest. If you were denied by the state, did you appeal?