What is required for a slander lawsuit? Suppose there is a group of people being contacted by an outside agency at the business they are working at. The outside agency is lying about a particular employee's behavior and convincing this group the person is not mentally well. Would the outside agency be slandering the employee's reputation? Thus altering opinions and behavior of other employees against the individual? Even encouraging the group of employees to take action against the particular employee. Would this constitute a slander lawsuit against the group of employees and outside agency?
Partial answer (other parts of an answer would be jurisdiction specific): Would this constitute a slander lawsuit against the group of employees and outside agency? The employee falsely alleged to be mentally ill would be the plaintiff who would be the only person who would have standing to bring suit. The person allegedly making a false statement to someone other than the employee alleged to be mentally ill (an action which is called &quot;publication&quot; of a false statement) would be the defendant(s). Listening to an allegedly false statement about someone is not slander, nor is believing it to be true. In the U.S., in most cases, knowledge of the truth or reckless disregard for the truth (or at least negligence in getting the facts wrong in private persons cases not involving a public interest) is necessary to establish liability. Someone who doesn't know that a statement is false and has some basis to believe it is true, can't be guilty of slander. In many non-U.S. jurisdictions, slander liability is possible without knowledge that the statement made is false (and without reckless disregard for the truth or falsity of the statement). Also, it matter who the &quot;outside agency&quot; is in this case. Governmental agencies are typically immune from liability for slander for statements made in the course of their official duties. Without a fuller understanding of who is saying something and why, it is hard to evaluate the claim appropriately.
If I understand your question, you're asking the difference between something like this: "You shouldn't do business with Bob; he's a child molester. Raped a whole bunch of kids. Everyone knows about it." and this: "You're thinking of doing business with Bob? Huh. That's your call, of course. I won't say anything against Bob. But Bill is in the same business, and I happen to know that Bill has never molested any kids." or this: "There are three people you could do business with. There's me. I've never molested any kids. There's Bill; he's a little expensive, but he's never molested any kids either. Then there's Bob. I don't have anything to say about Bob." I don't know the answer under German law, but under U.S. law, it's surprisingly complicated, and varies by jurisdiction. Here is a thorough but somewhat dated article on the subject. New York has recently established an explicit test for defamation by implication: To survive a motion to dismiss a claim for defamation by implication where the factual statements at issue are substantially true, the plaintiff must make a rigorous showing that the language of the communication as a whole can be reasonably read both to impart a defamatory inference and to affirmatively suggest that the author intended or endorsed that inference. Stepanov v Dow Jones &amp; Co., 2014 NY Slip Op 03940 (App. Div. May 29, 2014). That opinion also discusses the other approaches used in other U.S. states. Under that standard, it seems clear that my example statements would be defamatory; any juror would immediately understand both the factual implication and that it was 100% intentional. In practical terms, I doubt any court in the United States would not consider them defamatory. In general, defamation is harder to prove in the United States than in other jurisdictions, because of the strong protections afforded to speech under the First Amendment--but I don't know enough about German law to speak to that issue.
Suborning perjury is a criminal offense, at the federal level under 18 USC 1622, and is especially bad for a law firm to do. An attorney has a duty to not allow a client to lie in a legal proceeding, so instructing a client to lie is worse. Legally speaking, you are not compelled to turn them in to the (local US) authorities, unless your country has some odd law requiring citizens to report crimes in foreign countries. Two things can possibly come out of forwarding such an email to the authorities. One is that they will gain access to privileged communication, which they may not be able to use against the client. The other is that they will have evidence of the attorney committing a crime, which is not privileged. See Clark v. United States, 289 U.S. 1: There is a privilege protecting communications between attorney and client. The privilege takes flight if the relation is abused. A client who consults an attorney for advice that will serve him in the commission of a fraud will have no help from the law. He must let the truth be told. We take no stance on moral questions as to whether you should or should not.
We're missing a lot of information that we'd need to offer a full answer. Here are some of the things that will probably drive the analysis: the type of counselor we're talking about; the types of information the counselor disclosed; the reason she disclosed it; the job functions of the people to whom she disclosed it; the reason the client is bothered by the disclosure. Generally speaking, a mental-health counselor has a fiduciary duty to maintain the confidentiality of patient information, but my understanding is that in most cases, the counselor would be allowed to discuss a case with colleagues for the purposes of advancing the patient's treatment. So discussing the facts of a tough case with a supervisor is not going to be as problematic as idly gossiping about clients with custodial staff. Beyond the permitted disclosures, there are also situations in which counselors are required to disclose confidential information, including cases where the counselor suspects child or elder abuse or where the counselor believes the client poses a danger to herself or others. If the disclosure was truly not permitted, then it may be that the client has a claim for breach of fiduciary duty. In Georgia, proving that case requires evidence that: That the counselor had information relating to the client that she knew or should have known was confidential; That the counselor communicated the client’s confidential information to third parties; That the client did not give informed consent to the counselor’s conduct; That the confidential information was not a matter of general knowledge; and That the disclosure harmed the client. As you noted, the client could also file a complaint with the state licensing board. I don't know of any federal laws or regulations that would come into play in the situation you've described.
You can be fired in Canada for criticizing the employer, or even complaining about the weather. There is a distinction between Termination Without Cause and Termination With Cause. In the latter case, which requires a serious reason related to the employee's conduct, you can be fired without advance notice and with no severance pay. If the employees actions are fundamentally inconsistent with their obligation to the employer or are substantially prejudicial to the business in a way that damages employer's business or reputation, they may be terminated with cause. Examples of cause would include insubordination, theft, or abusing customers. If you want to fire a person without cause (and assuming that this is an indefinite employment contract as opposed to a fixed-term contract), you have to give "reasonable notice". There is a statutory minimum, but the courts usually apply a higher common law standard which means that you need to hire a labor lawyer to know what that period is, though 24 months is apparently a relatively safe figure (not always safe). The factors entering into that decision are described here (kind of job, length of service, age, availability of similar jobs; plus, how the termination was handled). You may also owe severance or termination pay, related to length of service and wages. Here is a calculator for Ontario. This article covers some instances in Québec where social media criticism did result in successful suspension, indicating that the employee's duty of loyalty is not entirely null when it comes to social media. In the BC case of Kim v. ITU, the court found that the dismissal over social media posts critical of the company was not for cause. However, part of the company's failure in this case was that they failed to respond immediately to what they saw as inappropriate behavior (boorish Twitter behavior). Assuming that the statements made are accurate and expressed respectfully, the prospects for Termination With Cause are significantly diminished. The prospects for some disciplinary action (suspension for a period of time) remains high -- multiple terminations were modified to long suspensions.
The question read: I am thinking it doesn't matter if it's a lie or not and you're allowed to voice your opinion, ... Under US (and I think also Canadian) law, it very much does matter if such a statement is a lie, the truth, or an opinion (which is neither). If a statement is a statement of fact, and is false, it might be grounds for a defamation suit (in this case probably slander, rather than libel, in those states that have preserved the distinction). A statement of opinion is not a statement of fact, and is not taken as either true or false. However, sometimes a statement framed as a statement of opinion is treated as a statement of fact. &quot;I think it is clear that Joe murdered Fred&quot; would be treated as a statement of (purported) fact in a defamation case. To prevail in a defamation case, the plaintiff must show harm to his or her reputation, unless the defamatory statement falls into one of the categories considered defamation per se Traditionally these are: statements or suggestions that a person was involved in criminal activity; statements or suggestions that a person had a &quot;loathsome&quot; contagious or infectious disease (normally a sexually transmitted disease); statements or suggestions that a person was unchaste or engaged in sexual misconduct (in some jurisdictions this applied only if the person was a woman); statements or suggestions that a person was involved in behavior incompatible with the proper conduct of his business, trade or profession; Specific legislation has modified these categories in some jurisdictions. A statement asserting that a co-worker was incompetent might fall under the fourth of these categories. A statement that a co-worker cheated his employer almost surely would fall under the fourth category. In the absence of defamation per se a successful defamation suit would need to prove specific damage to reputation, which would include proof that the person defamed had a reputation above rock-bottom before the defamation occurred, and it was harmed by the statement. Negative statements of opinion about a co-worker would not be grounds for a defamation lawsuit, but might violate the employer's policy and be grounds for discipline or even dismissal. In the US, the First Amendment's protection of expression now makes defamation harder to prove than in many other countries.
Can a statement of one's beliefs constitute defamation if those beliefs can't be proven true? You might think that it is impossible to prove what's going on in your mind. But this is done all the time. Thoughts can be inferred from words and actions. For example, theft requires an intent to permanently deprive someone of property. If someone hides merchandise under their shirt and proceeds to the exit, there's generally not a reasonable doubt about whether they intended in their mind to steal it. Defamation laws vary by state. However, the First Amendment sets a baseline that all states must follow. Defamation requires a false fact. Pure opinion is not defamation. However, it is possible to defame via a statement which is an opinion, if that opinion implies undisclosed facts which are false. If you say that you "believe" the companies are deceptive, this clearly implies you know something that makes you believe that. You can get around this by disclosing the entire factual basis for your opinion. If you say that the New York Giants are deceptive because their stadium is actually located in New Jersey, that's not defamation, because people can judge for themselves whether that's actually deceptive. But if the team was actually located in New York, you could be liable. Would we still have some potential burden of proof The burden of proof is on the plaintiff, but it's only preponderance of the evidence in most cases, meaning the jury just needs to find it 50.001% likely that you are liable. But if the plaintiff in a defamation case is considered a "public figure" the standard of proof is raised, and they must prove by "clear and convincing evidence" that you acted with "actual malice" (which more or less means that you didn't actually believe what you were saying.) According to this paper it's an open question as to whether a corporation can be a public figure (although I don't know if their analysis is still valid since it's from 2001); the answer might depend on which circuit you are in, and even if you know how your circuit has decided the matter, the Supreme Court might rule the other way. And if your case goes all the way to the Supreme Court, you're going to be paying a lot of legal fees over the course of many years. You should also know that even if it's not defamation, you might not be off the hook. There's something called "tortious interference of business". If you're going to literally have people stand in front of businesses to try to drive their customers away from them and to you, I would highly suggest you get a lawyer from your area to determine whether and how you can legally do this.
Is it legal to publish a cease and desist letter that I have received? Generally speaking, yes. My interpretation of your post is that you published your opinion about a business or businessperson, and the businessperson now is trying to intimidate you or deter you from sharing with others your opinion. The phrase &quot;the actionable statements listed are clearly statements of my opinion&quot; is otherwise unclear. Under defamation law, only false statements of fact are actionable whereas statements of opinion are not. The businessperson is not entitled to your silence. If your criticism is about the business, the cease and desist letter sounds in unfair and misleading practices to the extent that the business is trying to conceal from the public some inconvenient information that you as actual or potential customer possess. Even if you published as a competitor, your statements would have to be untrue and misleading for these to constitute disparagement. See the Black's Law Dictionary definition of disparagement [of Goods]. For the reasons stated in the other answer, copyright issues are not a matter of concern. It is preferable to publish the letter as is. Transparency preempts confusion as to &quot;I said, he said&quot;. By contrast, paraphrasing the letter for the purpose of avoiding an imaginary violation of copyright creates a risk of you inadvertently giving him grounds for a claim of defamation.