Home
Forums
New posts
Search forums
What's new
New posts
Latest activity
Members
Current visitors
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Home
Forums
The Competition
FedEx Discussions
3 page hand out today for on line media groups.
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="Ricochet1a" data-source="post: 999713" data-attributes="member: 22880"><p>The best thing I can recommend is for you to do some outside research into what constitutes libel.</p><p></p><p>Here is a quick and dirty review of what libel is (mind you, it is the LEGAL definiton)</p><p></p><p><a href="http://www.expertlaw.com/library/personal_injury/defamation.html" target="_blank">Defamation, Libel and Slander Law</a></p><p></p><p></p><p>Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper. <em>Brown Cafe meets the standard of being a "fixed medium". </em></p><p>Typically, the elements of a cause of action for defamation include:</p><p></p><ol> <li data-xf-list-type="ol">A false and defamatory statement concerning another;</li> <li data-xf-list-type="ol">The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);</li> <li data-xf-list-type="ol">If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and</li> <li data-xf-list-type="ol">Damage to the plaintiff.</li> </ol><p></p><p>In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print. </p><p></p><p>Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish. </p><p></p><p>Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:</p><p></p><ul> <li data-xf-list-type="ul">Attacks on a person's professional character or standing;</li> <li data-xf-list-type="ul">Allegations that an unmarried person is unchaste;</li> <li data-xf-list-type="ul">Allegations that a person is infected with a sexually transmitted disease;</li> <li data-xf-list-type="ul">Allegations that the person has committed a crime of moral turpitude;</li> </ul><p></p><p>While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.</p><p></p><p>End Quote</p><p></p><p>This all has to do with what is applicable in a court of law. Now... if you publically ID yourself and make libelous statements regarding FedEx, then for your employment... FEDEX will make the decision as to what is opinion and what is libelous - then make a decision as to what to do with you. If they do make a decision to terminate someone's employment, then the only recourse that individual would have would be to litigate for wrongful termination. </p><p></p><p></p><p>However... I'd bet every last dollar I have, that if someone does attempt to litigate for wrongful termination based on libel in social media, that FedEx would countersue with a civil case for.... libel. Which you would have to defend against. Then that individual would be placed into a position of having to PROVE what they wrote met the legal definiton of fact. Not an envious position to be placed in. </p><p></p><p>FedEx DOESN'T have to "go to court" to terminate your employment if they so choose - they merely have to reach a decision that their decision wouldn't reasonably be overturned in the event that the employee did sue for wrongful termination. You have NO UNION protection, you are at the mercy of Express when it comes to something like this. It is only after someone is actually terminated for what they posted in social media - that they can resort to litigation - and it ISN'T CHEAP.</p></blockquote><p></p>
[QUOTE="Ricochet1a, post: 999713, member: 22880"] The best thing I can recommend is for you to do some outside research into what constitutes libel. Here is a quick and dirty review of what libel is (mind you, it is the LEGAL definiton) [url=http://www.expertlaw.com/library/personal_injury/defamation.html]Defamation, Libel and Slander Law[/url] Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper. [I]Brown Cafe meets the standard of being a "fixed medium". [/I] Typically, the elements of a cause of action for defamation include: [LIST=1] [*]A false and defamatory statement concerning another; [*]The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); [*]If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and [*]Damage to the plaintiff. [/LIST] In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print. Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish. Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se: [LIST] [*]Attacks on a person's professional character or standing; [*]Allegations that an unmarried person is unchaste; [*]Allegations that a person is infected with a sexually transmitted disease; [*]Allegations that the person has committed a crime of moral turpitude; [/LIST] While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages. End Quote This all has to do with what is applicable in a court of law. Now... if you publically ID yourself and make libelous statements regarding FedEx, then for your employment... FEDEX will make the decision as to what is opinion and what is libelous - then make a decision as to what to do with you. If they do make a decision to terminate someone's employment, then the only recourse that individual would have would be to litigate for wrongful termination. However... I'd bet every last dollar I have, that if someone does attempt to litigate for wrongful termination based on libel in social media, that FedEx would countersue with a civil case for.... libel. Which you would have to defend against. Then that individual would be placed into a position of having to PROVE what they wrote met the legal definiton of fact. Not an envious position to be placed in. FedEx DOESN'T have to "go to court" to terminate your employment if they so choose - they merely have to reach a decision that their decision wouldn't reasonably be overturned in the event that the employee did sue for wrongful termination. You have NO UNION protection, you are at the mercy of Express when it comes to something like this. It is only after someone is actually terminated for what they posted in social media - that they can resort to litigation - and it ISN'T CHEAP. [/QUOTE]
Insert quotes…
Verification
Post reply
Home
Forums
The Competition
FedEx Discussions
3 page hand out today for on line media groups.
Top