Wednesday, July 15, 2009

Defamation of Character Question?

I work in drug and alcohol counseling services as part of county human services. One of my duties is to assist with aftercare for the county jail. We have a religous based outreach group in our area which does work in the jail as well with ex-inmate. A new client of mine asked if she could continue her counseling (mandated by parole) with one of the leaders of this group (no formal education or licensure, not an actual counseling practice). The next week she came back saying that because she was not able to make one of the bible studies because of child care issues this individual went to my client's parole officer and employer stating that she had relapsed, when in fact she did not. I did some checking up and this org has some fairly extremist attitudes. Would this be a valid defamation issue, no one is looking at prosecuting but I would like her to have something to hold over this individual's head incase it happens again.
Answers:
Sounds more like an opinion then an affirmation of fact

Probably no case for defamation
Better than a defamation case, you can hold over this idiots head the fact that you're in a position to make recommendations that would terminate their ability to perform counseling at the county jail. In fact, I would do that anyway. They sound like a dangerous bunch and they need to be stopped before someone gets hurt.
Focus on the specific person as to whether she wants to continue with a group that would do this to her.
religion shows you care
First of all, it is not defamation, though it may be some other type of tort. 2d, as a drug counselor you should know better than to assume your client is telling the you truth. Suggest you investigate first %26 take any problems you discover to your supervisor.
No it is not defamation, nor is it slander. It is opinion.

What YOU need to do now for your client is to contact the parole officer and set the record straight.

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