libel

Discrimination

Equal opportunity in the workplace is loosely defined as the ability to offer all types of people a fair chance for employment in the workforce.   Fairness in the the employment process has always been an issue around the world, and it continues to remain as one of the most consistent problems present in the United States.  Ethnic, gender, and lifestyle differences are cited as the most influential factors in workplace discrimination.  Equal opportunity is still nothing but a hopeful theory to the optimists the belief it is possible.

Equal opportunity employers, however, break the trend.  Equal opportunity employment was created by president Lyndon B. Johnson in 1965 to prevent discrimination by contractors based on race, sex, religion, or sexual orientation.  Unfortunately, workplace discrimination continues to be present.  Certain groups are especially discriminated against, especially with regard to workplace employment.  Unfortunately, discrimination does not end in the workplace.  Those victim to discrimination experience it daily in their personal lives from their peers, neighbors, and loved ones as well.

All is not equal in equal opportunity, however.  Some groups are more likely to experience discrimination in the workplace.  Listed below are 5 groups that are currently experience a significant amount of discrimination in the workplace:

1. Muslims

Muslims experience the most discrimination out of any religious group, according to a Pew Forum survey.  The survey found that 6 out of every 10 Americans say that Muslims experience “a lot of discrimination.”  8 years after 9/11, Muslims still struggle to break stereotypes of their religion.  In recent news, Muslim workers who want to take time during the work day to pray have been experiencing heavy discrimination.  Some have even been fired for leaving the office to pray or protest without authorization.

2. Gays & Lesbians

Homosexuality has become ingrained in our society– but not yet in the workplace.  Acceptance of homosexuality has increased in the US as the years go by, with the percentage of people who accept homosexuality rising from 34% in 1982 to 54% in 2006.  Currently, only 13 states and 200 municipalities have sexual orientation discrimination laws.

3. Women

Gender discrimination in the work place has always been the prominent form of discrimination in the workplace.  After all, women make up 46.5% of the workforce.  Stereotypes of weakness, softness, and inability still abound in offices today.  Women continue to make only 80% of what men make when working the same hours.

4.  Blacks

According a survey done by CareerBuilder.com, 30% of blacks have experienced discrimination in the workplace.  77% of those experiencing discrimination labeled the discrimination moderate to severe.  Some examples of the most common discriminations include not having their concerns addressed or taken seriously, not receiving credit for their work, or feeling like their ideas or inputs are ignored.

5.  Hispanics

The number of Hispanics in the US has been steadily growing for years.  It is predicted that, within the tangible future, Hispanics will be the largest represented ethnicity in the US.  According to a survey done by CareerBuilder.com, 29% of Hispanics have experienced discrimination in the workplace.  Of those 29%, only 23% reported that the guilty party was held accountable.  Hispanic workers are still the fastest growing section of the U.S. labor force, yet 31% of Hispanics say that their ethnicity works against them when searching for a job.

Equal opportunity employers offer comfort to those experiencing discrimination.  Unfortunately, equal opportunities in the workplace are not present elsewhere.  A large percentage of the population will continue to experience discrimination, despite working for an equal opportunity employer.

Bigotry

Bigotry is defined as the mindset of a person who is stubbornly devoted to his or her own opinions and prejudices, regardless of whether or not they are true.  If you are a recruiter for your company, you may experience bigotry within yourself, even if it is involuntary and unconscious.  Bigotry relates heavily to both racial profiling and discrimination, as they all involve the unfair treatment of another party due to uncontrollable circumstances.

Racial profiling is defined as the use of racial or ethnic characteristics in predicting the behavior of a person.  For example, a stereotype that you hold of Hispanics may cause you, as a recruiter, to avoid hiring a Hispanic applicant.  Most people would agree that racial profiling and bigotry, along with workplace discrimination, have no place in the modern workplace.  Sadly, the modern workplace still experiences an innumerable amount of bigotry and racial profiling, especially in the form of workplace discrimination.

Thirty percent of blacks and Hispanics claim to experience racial profiling and bigotry in the workplace, while homosexuals, women, and certain religious groups also fall victim to workplace discrimination.  Muslims around the nation are being discriminated against; some are even fired for praying during the workday.

The presence of racial profiling and bigotry during your hiring process may cause you direct harm, especially if those discriminated against file a lawsuit against you.  Here are some tips to follow to avoid discrimination in the hiring process:

1.  Review the federal and state discrimination laws before you hire a new applicant.

These laws can be found in the Equal Employment Opportunity Commission.  You may also check the Attorney General’s office of your state for more information pertaining to fair hiring processes.

2.  When choosing possible interviewers, pick a diverse group.

To avoid bigotry, racial profiling, or discrimination, pick a diverse group of interviewers.  Choose from a group consisting of different ages, religious backgrounds, races, and levels of experience to the best of your ability.  This will limit the amount of bigotry and racial profiling in your hiring process.

3.  Avoid requiring demographic information on your application.

Your company’s HR office can help you with this.  Remove items such a gender, age, and ethnic background from the required information on an application.  Doing so will further prevent any chance of racial profiling when choosing possible interviewees.

4.  Ensure that you state the reason for rejecting an applicant.

Applicants may feel discriminated against when they are rejected for a job.  Comfort them by letting them know the reason they did not make it.  Giving honest information such as this will at least reduce your chances of being hit with a discrimination lawsuit.

Bigotry and racial profiling are both problems that are tough to identify and stop.  As the recruiter at your company, it is in your job description to remain unbiased and fair.  Follow these tips to the best of your ability to avoid discrimination in the workplace.  After all, nobody wants to be labeled as a bigot and a racist.

Slander vs Libel

Slander against a person or organization can cause permanent damage to their reputation or financial status.  How can you recognize what is and what is not slander?  This article will explain some of the different types of slander.

First off, slander is the oral or transitory form of defamation of character.  Defamation of character is a claim made against a party that is usually false but implied to be true that negatively affects their image.  It is considered a tort, or civil law, and therefore can be used as a reason for a civil lawsuit.  Suing the slanderous party is a common step used to reinstate reputation or collect compensation.  In reality, it is sometimes tough to pinpoint whether or not a party has committed the tort of slander, as numerous parameters need to be met in order for the statement to be considered slanderous.  Also, since slander is an oral statement, it may be a challenge to prove, let alone prove that it has caused defamation to your party.

For a statement to be considered slander, it must be malicious and clearly directed at your party.  Knowing these parameters is important.  Malicious intent in slander is when one party intentionally aims to cause harm one’s reputation or image.  For the slander to be considered directed at your party, it must directly or indirectly identify your entity in the statement.  To show that your character has indeed experienced defamation you will have to prove these two things.  An attorney specializing in slander can help you with a consultation to assure you of these things.  There are resources you can turn to to consult with an attorney, whether in person, on the phone, or online.  Your attorney will inform you whether or not the statement in question is defamatory, and whether or not you have a case to fight against it.

So how can you tell if you have been slandered against?  How can you be sure what type of defamation of character you have experienced? Here are a few concrete characteristics of slander:

1.  Slander vs. Libel

Defamation is differentiated between slander (oral) and libel (written).  It is also often called calumny or vilification.  Knowing the difference is key, as slander and libel and the appropriate actions to take are different.

2.  Slander per se vs. Slander per quo

Slander per se is considered direct defamation of character.  That is, slander per se is obvious and intentional, directed at your party, and immediately damaging.  For example, calling a doctor an “abortionist” or a politician a “nazi” is slander per se.  Slander per quo, on the other hand, depends upon the situation to be considered defamation.  It is an indirect defamation of your character that may or may not be realized at first.  Specialized attorneys will help you determine what type of slander you are victim to.

3.  General damages vs. Special damages

General damages refer to emotional damages or defamation to your reputation.  Special damages refer to direct economic loss.  Proof of special damages may be required to win the lawsuit and therefore be awarded any damages.

Against Company

Defamatory statements can be damaging to your company.  Defamation of character is defined as “the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.” Any defamatory statement can cause damage to your company’s reputation or financial assets, whether slander or libel.  An oral statement, published, that is defamatory to a specific party is considered slander; libel on the other hand, is a published written statement that is defamatory.

Slander and libel both fall under tort law, or civil law.  A civil lawsuit may be brought against the accused party, usually leading to a suing of said party by the accused.  The civil lawsuit, whether slander or libel, falls under the category of “defamation of character.”  The victim, in this case your company, can sue the defamatory entity for damages.  These damages are considered either general damages, special damages, or exemplary damages.  The difference between these two damages will be explained later on in this article.

So how can you determine whether or not your company has been victim to a defamation of character?  How can you be sure enough to follow through with a civil lawsuit for compensation?  Here are some steps and tips you can follow to better understand what is and is not considered defamatory:

1.  Find and consult with a lawyer.

This may be the most important step as there are lawyers who specialize in defamatory cases of slander and libel.  A specialized lawyer can assist you in determining the correct type of defamation of character your company is experiencing.  You may look into searching for free lawyer consultations on the internet or schedule a consulting appointment with a local lawyer to first determine whether you have a case or not.

2.  Meet with the lawyer to discuss your options.

When you meet with your lawyer, make sure to determine whether the defamatory statement is defamation per se or defamation per quo.  The distinction between the two is important, as they both entail different accusations and appropriate follow up actions.  Defamation per se is a direct, seemingly intentional defamation of character of a party directed at a third party.  Defamation per quo, on the other hand, is an indirect defamation of character that depends on circumstances to be defamatory, and otherwise would not be considered slander or libel.  The statement is usually, but not always, false — and must identify your company as the target to be considered defamation of character.

3.  If desired, take legal action.

Suing a party for defamation of character can help compensate for damages to your company.  Discuss with your lawyer whether you have a civil or criminal case of defamation, and whether to sue for general, special, or exemplary damages.  General damages are damages to reputation, emotion, feelings, or image.  Special damages include financial, property, and occupational damages.  Exemplary damages, then, are damages to be reimbursed determined by the court for the sole purpose of making an example out of the accused party.

tips

- Suing for defamation of character may be costly and time consuming, decide whether or not it is worth it to sue before you take action
- Accusing a party of defamation of character may cause more retaliation.  Ensure that the other party is a reputable and trustworthy party.

Steps and tips for suing for libel

If somebody writes a statement about you or your company that you consider to be slanderous, you may want to consider suing for libel.  Libel is when a writer knowingly writes or prints a statement that is damaging to another party. It is different from slander, as slander is an oral defamation of character.  Libel is considered a moral crime against you and may warrant action to repair your reputation.  As technology continues to grow and develop, the impact of slanderous libel grows increasingly pertinent.  The large number of peripherals and media can make it tough to maintain a solid reputation — libel can unfairly set you or your company back a few steps.

Whether it be a statement about your character, affiliation, or morals, libel can turn out to be disastrous.  Some will immediately consider suing, as your character and financial reputation may be directly or indirectly hurt from libel.  Libel that directly affects you is called libel per se.  In libel per se the libel is obvious and pronounced.  It is more serious to commit libel per se as the direct effect on your party is much more tangible.  The other libel that affect you indirectly is called libel per quod.  Libel per quod requires other circumstances to be considered libel.  Since libel per se is considered intentional and libel per quod is unintentional, it is much easier to convict a party of libel per se and subsequently prove that you have been defamed.

Suing a party for libel can remedy some of the defamation you experienced, but starting a lawsuit may prove to be expensive and wasteful.  Many people are unaware of how to go about suing another party.  Here are some steps that you can take in suing another party for libel:

1.  Consider the alternatives

If you are considering suing for libel, it is likely that a publication or editor is the defamer.  There may options other than suing that may procure the same results.  Consider demanding a retraction, rewrite, or an apology.  These alternatives may just rebuild your reputation –and possibly improve it as many consider the action of suing itself as lowly.

2.  Find an attorney

Finding an civil or criminal law attorney that specializes in libel or slander lawsuits is imperative.  Ask for consultation on whether your lawsuit is a civil or criminal case of libel.  Do not forget that laws differ between  states. It is with your attorney that you should decide whether to or not to go through with suing for compensation, along with whether you will take the issue to court or settle out of court.

3.  Take action against the libel

Whether you decide to settle out of court with the other party’s lawyer or continue with suing court, you should keep a few things in mind.  For one, the libel must have been directed at a third party.  Also, the statement of libel must have been about the plaintiff.  Thirdly, the statement must have been defamatory and untrue.  If the other party proves the truth behind the statement, you may not have a case.

Libel

Defamation law is the law of “defamation of character.”  That is, defamation law encompasses libel and slander as a cause of action.  Parties may use defamation law to their advantage, retaliating to defamatory statements against your person or company that may have caused damage to your reputation, financial status, or emotions.

Libel and slander are two different entities under defamation law.  Slander, on one hand, is the spoken or oral defamation of character directed at identified party with malicious (or intended to harm) content.  Libel then, is the written form of the same civil crime of defamation of character.  Both libel and slander must be “published,” or seen by a third party to be considered defamation of character.  Defamation law usually requires that these statements be false, although it is not always necessary.

Whether it be a statement about your character, affiliation, or morals, libel or slander can turn out to be disastrous.  Some will immediately consider using defamation law to sue the defamatory party.  Libel and slander that directly affects you is called per se defamation of character.  In per se defamation of character the defamation is obvious and pronounced.  It is more serious to commit per se as the direct effect on your party is much more tangible.  The other type of libel or slander that affect you indirectly is called per quod defamation of character.  Per quod requires other circumstances to be considered defamation of character.  Since per se is considered intentional and per quod is unintentional, it is much easier to convict a party of per se and subsequently prove that you have been defamed.

Defamation law implicates the cause of action against defamation of character.  In defamation law, a tort, or civil law, can be used to bring a lawsuit against the accused party.  There are specialized attorneys that focus on defamation law that can undoubtedly help your case.  Their expertise in the area will cover the intricacies involved with suing another party for defamation of character, including distinguishing between slander, libel, per se, per quo, and other specifics.

So how do you go about retaliating against libel or slander ?  Listed below are some steps you can take and some tips you can follow to better inform you of your options:

1.  Determine to the best of your ability whether or not you have a case of libel or slander .

Before consulting an attorney, use the resources on this page to determine whether you may have a cause of action for defamation of character.  Knowing defamation law to the best of your ability before contacting a lawyer may just prove to save a lot of headache.  Do your best to categorize the statement in question as per se, per quo, libel, or slander .

2.  Contact a specialized defamation law attorney.

Consulting with a defamation law attorney will help you decide your next course of action.  Discuss with your attorney the specifics of your case, including categorizing the defamatory statement and determining whether your case is civil or criminal defamation of character.

3.  Take legal action.

Here you can either take the case to court or settle out of court with the accused party.  It is recommend that you settle out of court, as this can save you costly fees.

Lawsuit

Malice, to most people, is a nasty feeling of wanting to hurt another person.  What many people do not know is that if malicious action is taken against one party, the other party has the civil right to bring a lawsuit.  This is called legal malice, or one party’s intent to cause harm to another party.  What is important to note here is that malice is the intention of causing harm.  Criminal offenses of causing actual harm to another party is separate from legal malice.  It is important, also, to determine whether the malice is expressed or implied.  In expressed malice, one party gives an outward indication of the intention to cause harm to another party.  This may include an oral statement or printed statement.  Implied bthen, is the implied intention of harm in a killing or harming of another party.  For example, if there is a car accident between two parties with a negative relationship that kills a person, detectives may assume implied malicious intent.

Assault, battery, and emotional distress may all possess intentions of malice.  In assault, there is malice in the intention of physically hurting another party.  In battery, implied malice may exist in the form of actual physical harm.  If a party can be proved of causing intentional harm to your emotional well being, they may be guilty of legal malice.  All of these instances of malice are susceptible to a civil lawsuit.  The option of filing a civil lawsuit can provide monetary relief. In a civil lawsuit, the victim can sue for wrongful death, property damages, and other losses caused by malice.  So what can you do if you feel victim to malice?

Below are a few steps and tips for filing a lawsuit:

1.  Determine whether or not you have been a victim of malice to the best of your ability.

Doing your research before contacting an attorney can save you a lot of time, money, and stress.  Make sure that you have a case for a lawsuit to the best of your ability.  Did the other party clearly show intention to hurt you?  Were you hurt and now convinced that the other party had malicious intent?  Knowing these things may help you understand where you stand.

2.  Find an attorney that specializes in civil lawsuits.

Use the internet or other means to find an attorney that specializes in civil lawsuits of legal malice.  When consulting with your attorney, do your best to describe your case and situation so that the appropriate action can be taken.  Use this time to determine whether it is worth filing a lawsuit to reimburse possible damages.

3.  File a lawsuit.

Your attorney will help you file a civil lawsuit against the accused party.

4.  Present your case and all relevant evidence and information.

Your goal in this lawsuit is to prove the intention to hurt, not the actual hurt inflicted.  If the judge believes your case, you may be entitled to monetary compensation for damages.

Tips

- Know that intention alone may be enough to win the malice lawsuit.  You may not have to prove actual damages to the judge to prove malice.
- Trespassing and false imprisonment are possible avenues for a malice lawsuit as well.  They may also be considered criminal offenses

Harassment

One can experience harassment of all sorts on a daily basis.  For example, your boss can knowingly and excessively yell at you for something you did not do.  You also may experience sexual harassment by a co-worker.  How much harassment one can take depends on the person, but there are clear steps you can take to file a lawsuit against an excessive amount of harassment.  Every single day, harassment lawsuits are brought before civil court by victims in hopes of receiving some sort of compensation, either emotional or monetary.

Legal harassment is defined as offensive behavior that is threatening or disturbing to another party typically occurring by means of oral statements, physical contact, or favoritism.  At times it may be considered a misdemeanor or even a felony, depending on the criminal record of the accused.  Common examples include sexual harassment, bullying, religious harassment, hazing, and stalking.  Recently, police harassment has been front and center.  When used legally, harassment should be noticeably intentional and tangible.  As harassment may be unintentional and situational (in a totalitarian government, politically challenging comments may be seen as threatening), it is important to know when you can and should file a lawsuit against harassment.  Harassment is by all means, completely situational- one party may see it one way while the other may disagree completely.  In a civil lawsuit, one party must prove to the judge that they have been legally harassed- though the other party will unquestionably deny it.

So how can one file a determine they have been legally harassed and file a lawsuit for compensation?  Here are some steps you can follow to do so:

1.  First determine whether or not you should continue with legal action.

As all times of harassment happen almost on a daily basis, you must determine the severity and frequency of the harassment.  While a lawyer can help you do this, doing research on your own may save you time, money, and unnecessary stress.  If you should decide that you want to file a lawsuit for harassment, continue with the next step.

2.  Find an appropriate lawyer that specializes in harassment.

There are many specialized lawyers that will help you build your case.  Use several sources, including the internet and a phone book to find the right lawyer for you.  Some websites may even offer free consultation from real lawyers to help you with your lawsuit.  When you have found the right lawyer, meet to discuss your case.  Harassment, again, is one of the most subjective civil crimes out there.

3.  File your harassment lawsuit.

Your lawyer will help you file a civil lawsuit against your harasser.  Ensure to bring all pertinent evidence to the table.

4.  Settle in or out of court.

Settling out of court will save you time and money, but you may have to bring your lawsuit to court.  Consult with your lawyer about proper courtroom etiquette and review your case before presenting it to the judge.

Attorney

Character defamation is a crime.  Whether it is through slander or libel, one can sue a party through a legal attorney for publishing character defamation.  Informing yourself to the idea of defamation of character is important before contacting a legal attorney, as it can save you a significant amount of time and money.

As you already know, defamation of character can be damaging to you or your company.  Defamation of character is defined as “the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.” Any case of defamation of character can cause damage to your company’s reputation or financial assets.  To be considered character defamation, the statement must be proved to be defamatory, false, directed, and published.  An oral statement, published, that is a defamation of character to a specific party is considered slander; libel on the other hand, is a published written statement that is defamatory.  Note these differences when considering your case for a defamation of character lawsuit, it will come in handy.

Finding the right legal attorney for your case may prove to be the significant difference in making your case.  There are likely hundreds of legal attorneys in your proximity that specialize in slander, libel, and defamation. Their expertise focuses on civil law and winning lawsuits for their clients– they will also be able to provide you with the answers you seek, including: “Is my situation considered a defamation of character?”  “What are my options for legal action?” and “What should I focus my case on?”  A good civil law legal attorney will be able to point out whether your character or good reputation has been defamed.

So what should you do to find the right legal attorney for you?  Below are a few steps you can follow and tips you can keep note of:

1.  Review your case as you know it.

Familiarizing yourself with character defamation and your legal options will make your meeting with the legal attorney smooth and painless.

2.  Use the internet to find a legal attorney in your area.

There are many sites that offer the ability to consult with a legal attorney directly.  Search specifically for an attorney that specializes in civil lawsuits, particularly defamation attorneys.  These attorneys specialize in slander, libel, and other types of defamation.

3.  Contact your attorney for a consultation.

When you are in direct contact with the legal attorney, discuss your options for legal action.  Should you both determine that you have indeed been a victim of character defamation, ask your attorney to file a lawsuit claim.

tips:

-Being prepared with information and familiarity with defamation of character can help you pinpoint your search for the right legal attorney.

-The legal attorney you find will need to be located in the state where the character defamation occurred.

Business

A class action suit is a lawsuit filed on the behalf of a large group of people or business entities.  This group of people file a claim against one or more plaintiffs in hopes of being compensated for damages and are usually represented by a business lawyer.  A good example of a class action suit is when people of a company filing suit due unfair company procedures.

If more and more people continue to join the class action suit, the strength of that lawsuit continues to grow, as it becomes a collection of claims from various parties –all rolled up into one lawsuit.  It offers the common man the opportunity to stand up to large corporations, akin to a protest or riot, in the form of legal action.  This is just one of many advantages to filing a class action suit as opposed to individual lawsuits.  Other notable advantages include reduced costs, increased number of witnesses, scope of compensation (a class action suit may procure better results than individual lawsuits), fair distribution of compensation, and consistent rulings.

Class action suits, however, are not without their criticisms.  Some claim that class action suits can ruin legitimate individual claims while negatively affecting the public’s respect for the judiciary system.  In addition, class members may receive little to no compensation as a result of expensive business attorney costs and an unfair allocation of said compensation.  Often times, class members receive a small check or coupon from the defending corporation, hardly worthy compensation for such effort.

Finding the right business attorney for your class action suit can make a significant difference.  Business attorneys are specially trained to deal with business issues, corporations, and workers.  Now that you better understand class action suits, how can you find the right business attorney to make the most of your case?  Below are some tips you can use to make the search as painless as possible:

1.  Determine whether or not a class action suit is the right decision for your case.

It is important to first determine whether a class action suit is the right legal action for your situation.  Do your research to find out whether there are others in the same situation as you.  Ask your neighbors and co-workers about their experience with the party in question. In addition, you should be able to find free business attorney consultation through a basic online search to see whether you should file a class action suit.

2.  Do a search to find the right business attorney to work your lawsuit.

If you find a lawyer through a free consultation website, ask to set up a consultation meeting.  If not, do an Internet search for business attorneys that work in your area and can help your cause.

3.  Meet with your business attorney.

Discuss the possibility of a class action suit with your attorney.  Determine if it is the appropriate legal action and whether or not you can find other people to sign on with you.

4.  Ask your business attorney to file a claim for a class action suit.

Your attorney will review your case and file a claim with the court for both you and other parties.  If the court agrees, you now have a class action suit!