Visitor Question

Defamation from Former Employer?

Submitted By: Anonymous (San Antonio, Texas)

My employer took false statements from some of my fellow employees, including statements that I used profanity, made sexual suggestions to him and other employees, as well as statements that I was using drugs. False charges of sexual abuse of my son were also filed with Child Protective Services (which were ruled out/case closed).

I have since separated from the company (settlement) but I was wondering If I can sue him for defamation / personal injury under his homeowners policy? We live in Texas.

Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

No. Homeowners insurance policies do not cover defamation. You have no physical injuries, and even if you did you wouldn’t have been injured on the man’s residential property.

You can file a separate lawsuit against the man for defamation of your character. You can’t file a lawsuit against him for personal injuries. Defamation of character is not considered a personal injury.

In the State of Texas you can file your defamation suit in small claims court, county court, or district court. Each has their respective jurisdictional limits, or maximum amounts one can sue for. Your best bet would be to file in small claims court. You won’t need an attorney and Texas has one of the highest small claims court jurisdictional limits.

You can sue in any Justice of the Peace Court. In Texas, Justice of the Peace Courts serve as small claims courts. The jurisdictional limit is $10,000 dollars.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 12, 2012

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