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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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if I am accused of being slanderus whilst working for my employer

Resolved Question:

if I am accused of being slanderus whilst working for my employer by a competer, is my employer lible or me?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Please provide some more detials of what happened

Customer:

okay, I am suposed to have said a compettor was going bust when it clearly isnt, and said they were going back to Holland to work direct.. I did say I had weard a roumor about moving back to holland

Customer:

for Ben Jones

Customer:

okay, I am suposed to have said a compettor was going bust when it clearly isnt, and said they were going back to Holland to work direct.. I did say I had weard a roumor about moving back to holland

Customer:

For Ben Jones Ben are you there?

Ben Jones :

ok and you made these comments and the competitor has accused you of being slanderous towards them?

Customer:

yes while working for my employer can I be lible personaly or as an empolyee.. my firm are very good about this.

Customer:

for ben jones yes while working for my employer can I be lible personaly or as an empolyee.. my firm are very good about this

Ben Jones :

are they taking any formal action against you or the company?

Customer:

for Ben Jones threatening to take it to court the company

Customer:

Ben Jones?

Ben Jones :

I am still here, if I do not resopnd within less than a minute it does not mean I have disappeared

Ben Jones :

have they suffered any losses as a result of what you said?

Customer:

ben jones, they say yes they have

Customer:

ben jones will you e-mail the answer or what,need to go now.

Ben Jones :

There is a principle in law known as vicarious liability where an employer can be liable for an employee's actions. However for this to apply two elements must be satisfied:



  • There has to be a relationship between the primary wrongdoer (you) and the person alleged to be liable (the employer) which is capable of giving rise to vicarious liability

  • The connection between the employment and the wrongful act must be so close that it would be just and reasonable to impose liability


 


If you are an employee of the company then the first element is likely to be satisfied.


 


It is the second element that will post most problems and for the employer to be liable you must show that the wrongful act is so closely connected with the employment, that it was what was authorised or expected of you, and that it would be fair and just to hold the employer vicariously responsible. If you simply made these comments on your own accord, not as part of your duties then it is unlikely this second test will be satisfied and the employer will not be liable.

Ben Jones :

but to be honest a claim for slander is unlikely, it costs thousands without any guarantee of success so they may simply be making empty threats

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Customer:

Ben Jones, I am supposed to have liabled a competoter not my Employer,another company

Ben Jones :

yes i understand if you read my answer you will see that I am talking about what liability your employer may have if you have committed a wrongful act such as libelled another company

Customer:

Ben Jones, I have now read it again and understand I fill both elements Thank you very much

Customer:

Ben Jones,thanks good bye..DE

Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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