Can I sue my former cleaning lady for defamation for badmouthing me to others?

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Can I sue my former cleaning lady for defamation for badmouthing me to others?

I fired my cleaning lady for poor performance. A few months later, my hairdresser advised me that this person entered her place of business (cleaning lady’s sister works there too) and announced to my hairdresser that she no longer works for me (by name) and that I am a “pig,” my house was disgusting, and that I am a mean and nasty person. This was during work hours with customers present. I live in a very small town and I have a psychotherapy practice down the street. Can’t prove actual damages, but am interested in small claims court as an option. Is this a possibility?

Asked on April 14, 2011 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You yourself have identified one of the hurdles--you can't prove actual damages. While there are courts that can provide other forms of relief, such as injunctive relief (e.g., an order to stop saying what she's saying), small claims court can't do that; all it can do is award monetary damages. So if you can't prove damages, then small claims court is inappropriate.

As for filing an action in another court: based on what you write, this may not be actionable defamation. Defamation is the public making of false *factual* statements. However, opinions are not defamation, and statements that someoine is "a pig," that their house is "disgusting," or that someone is "mean and nasty" are all opinions. The law lets people express opinions, even negative ones.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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