How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

Just over three years ago I left my job as a bartender in

This answer was rated:

Just over three years ago I left my job as a bartender in the only pub in my village of around 500. I had been injured in an accident when my husband and I were hit by an oncoming drunk driver. She was arrested and I went to A & E. After protesting I was okay, MRI reports showed later that I had ruptured two discs in my neck. This caused longterm issues and I was forced to leave my job after being harassed for four months by my boss about my inability to lift heavy things as I once had. I am still dealing with my injuries and will be having some guided nerve injections done on my neck as well as some other therapy. In the course of my solicitor pressing the driver's insurance company to pay for my care, my solicitor contacted my former employer by letter regarding my past employment. Upon receiving the letter, she told several people in the pub, at least one who was an employee at the time of the contents of the letter including that it was regarding a lawsuit and stating that I was not really injured. I live in this village and she is spreading lies and misinformation. I have not been back to the pub since she bullied me out three years ago and she has no idea what medical tests have shown since. Is there any way I can stop her from maligning my reputation in the tiny community where I live. As she owns the only pub, a great many people go there and this is becoming news.

Are you prepared to sue?

Customer: replied 1 year ago.
Do I have grounds to sue?
Basically, I want her to stop talking about me or my personal information. She's sharing info that would not think a former employer would be allowed to share with others.

Well, it is not that simple.

Is she saying things that are untrue?

Customer: replied 1 year ago.
Is it an additional 44 to speak by phone?
Customer: replied 1 year ago.
Oh, I see that it more, I don't want to pay more money.
Customer: replied 1 year ago.
As to untruths, she is telling them the contents of the letter from my solicitor so while personal is true, but she is also saying their is nothing wrong with me which is a lie and not something she would have any information on other than what she knew three years ago when I left her employment. I have had no interaction with her since then.
Customer: replied 1 year ago.
I meant there not their.
Customer: replied 1 year ago.
It seems to me that someone I once worked for should not be able to share worked related information with the people in my village. Do I have no recourse at all?

No, she can tell anybody anything that she likes.

There might be the mildest issue under the DPA but that is a waste of time. It is arguable whether it applies anyway.

What she cannot do lawfully is say thing about you that are untrue that cause substantial damage to your reputation.

I'm not particularly clear here what is saying that is untrue.

I understand the description above but that doesn't really clarify.

She would have a defence of fair comment and then all she would have to show is that it was a reasonable comment in all the circumstances.

It is not clear here why she might think you were not injured? If you can give me more information about that I might be able to offer more.

Customer: replied 1 year ago.
She's saying I was not really injured when I have surgical and MRI reports that prove I was. She doesn't know this info she's just trying to make me look bad by saying I was not really injured and it's all about money. I would not care what she said as she has sad nasty stuff in the past, but this is a touchy area and it's my village and i see these people all the time.

Why might she think you weren't injured?

Customer: replied 1 year ago.
She is saying that I said I could not lift my hand over my head and that she saw me do it. It's rubbish and inaccurate. I have nerve damage from the discs but that wasn't know at the time.

You could argue that is a defamation.

I suppose the problem may be that you would have the burden of proof which is always a risk with defamation.

But you could probably get a solicitor to write to her warning her of the law.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I think that may be the best thing to do, I just want her to leave me alone and out of her petty conversations at the bar.
Customer: replied 1 year ago.
I think I'm done here. Thank you.