Defamation/Libel inUnemployment Hearing Documents in VA

[dadinva]

I live in VA. I've searched extensively but can't really seem to find an answer. Just to speak with a defamation attorney on the matter requires a $250 fee. I understand defamation, libel, slander, etc.

I received my documents from the VEC (Virginia Employment Commission) and was found to be eligible for unemployment benefits. However, reading the letter that was written to them from my previous employer it states that the ABC (Alcohol Beverage Control) Agent had received numerous calls with my name as the involved and visited my employer about me several times. I'm very friendly with my ABC Agent and called to find out, where her response was that she'd never received any such complaint. I filed an FOIA request for complaints/violations at the address where I was employed to see and have found nothing.

To me this is the same as telling someone, "so and so always has the cops called on him and they're always over at his house". My name and reputation is at stake.

Should I pay the $250 and speak with a defamation attorney? Is there a case? It's in writing to a government official and not just hear say.

Thank you for your time and feedback.

 

[anteater]

My name and reputation is at stake.

With whom?

 

[quincy]

I live in VA. I've searched extensively but can't really seem to find an answer. Just to speak with a defamation attorney on the matter requires a $250 fee. I understand defamation, libel, slander, etc.

I received my documents from the VEC (Virginia Employment Commission) and was found to be eligible for unemployment benefits. However, reading the letter that was written to them from my previous employer it states that the ABC (Alcohol Beverage Control) Agent had received numerous calls with my name as the involved and visited my employer about me several times. I'm very friendly with my ABC Agent and called to find out, where her response was that she'd never received any such complaint. I filed an FOIA request for complaints/violations at the address where I was employed to see and have found nothing.

To me this is the same as telling someone, "so and so always has the cops called on him and they're always over at his house". My name and reputation is at stake.

Should I pay the $250 and speak with a defamation attorney? Is there a case? It's in writing to a government official and not just hear say.

Thank you for your time and feedback.

Some clarification to your understanding of "defamation, libel, slander, etc:" Libel and slander are both forms of defamation. Libel is the written form of defamation and slander is its oral form.

First, you have received your unemployment benefits so whatever was said by your former employer did not affect the decision made by the Virginia Employment Commission to award benefits and, second, reports made to the VEC by an employer are covered by a qualified privilege which protects the report from civil actions unless actual malice can be demonstrated.

I see where you say your employer reported to the VEC that the ABC received calls and that an ABC agent visited your employer - but I am not seeing that your employer said any "complaints" were filed against you by ABC (although it is possible this was implied). But you also mention that you are friendly with an ABC agent. Could the report by your former employer have been about calls and visits made by this "friend" ABC agent to you at your place of employment?

How were you employed previously (what sort of job)?

How do you feel the report that was made has affected your reputation?

I am not seeing from what you have posted that you have suffered any damages from what your employer might have reported to the VEC but you can always spend the money for an attorney's review if you feel you have been harmed, or perhaps you can locate a law school in your area or a legal aid clinic willing to review the facts for little to no cost.

 

[dadinva]

Some clarification to your understanding of "defamation, libel, slander, etc:" Libel and slander are both forms of defamation. Libel is the written form of defamation and slander is its oral form.

First, you have received your unemployment benefits so whatever was said by your former employer did not affect the decision made by the Virginia Employment Commission to award benefits and, second, reports made to the VEC by an employer are covered by a qualified privilege which protects the report from civil actions unless actual malice can be demonstrated.

I see where you say your employer reported to the VEC that the ABC received calls and that an ABC agent visited your employer - but I am not seeing that your employer said any "complaints" were filed against you by ABC (although it is possible this was implied). But you also mention that you are friendly with an ABC agent. Could the report by your former employer have been about calls and visits made by this "friend" ABC agent to you at your place of employment?

How were you employed previously (what sort of job)?

How do you feel the report that was made has affected your reputation?

I am not seeing from what you have posted that you have suffered any damages from what your employer might have reported to the VEC but you can always spend the money for an attorney's review if you feel you have been harmed, or perhaps you can locate a law school in your area or a legal aid clinic willing to review the facts for little to no cost.

Thank you for your response. "Qualified privilege" is something I could not find anywhere that was in VA though through some of the answers I found while searching. To answer some of your questions:

The written report did claim that the agent was there due to complaints about me. I was friendly enough with the agent to call and inquire about the claim, though not "friends" where they would visit for the sake of visiting.

I am in restaurant management and was there as the General Manager. More concentrated on cleaning up businesses with ABC violations and sales.

It definitely caused a lot of angst and depression waiting on the FOIA since my reputation was on the line. More so since I am known in my industry as someone that fixes those type of ABC violations and turns businesses around.

Thank you for your advice. There are a lot of colleges/universities around me. I'll definitely be emailing and contacting some of them.

 

[quincy]

Thank you for your response. "Qualified privilege" is something I could not find anywhere that was in VA though through some of the answers I found while searching. To answer some of your questions:

The written report did claim that the agent was there due to complaints about me. I was friendly enough with the agent to call and inquire about the claim, though not "friends" where they would visit for the sake of visiting.

I am in restaurant management and was there as the General Manager. More concentrated on cleaning up businesses with ABC violations and sales.

It definitely caused a lot of angst and depression waiting on the FOIA since my reputation was on the line. More so since I am known in my industry as someone that fixes those type of ABC violations and turns businesses around.

Thank you for your advice. There are a lot of colleges/universities around me. I'll definitely be emailing and contacting some of them.

Again, I do not see that you have much to support a defamation claim but a personal review by a legal professional in your area who is well-versed in defamation law could determine this better.

And, if your former employer states or implies falsehoods about you to others outside the protection offered him in his report to the VEC, then you might have something upon which to base a claim.

For a good look at how Virginia views qualified privilege and other elements of defamation, these were discussed and clarified by the Virginia Supreme Court in October of 2013 when they heard the case Bradley J. Cashion v. Robert S. Smith. Here for you and others to read is a link to the case (you can scroll to "B. Qualified Privilege" or read the entire decision):
http://caselaw.findlaw.com/va-supreme-court/1648246.html

Good luck, dadinva. And thank you for the thanks.