The Statement should be false- A defamatory statement should be false because the truth is a defence to defamation. If the statement made is true then there is no defamation as the falsity of the statement is an essential ingredient of defamation.

Libel is published defamation of character, as opposed to spoken defamation of character, which is slander. Libel exposes a person to hatred, shame, disgrace, contempt or ridicule. It injures a person’s reputation or causes the person to be shunned or avoided, and it may injure the person in his or her occupation.

Truth is an absolute defense to libel claims, because one of the elements that must be proven in a defamation suit is falsity of the statement. If a statement is true, it cannot be false, and therefore, there is no prima facie case of defamation.

The most important defense is “truth.” If the statement at issue is substantially true, a defamation claim cannot succeed because you have a right to publish truthful information even if it injures another’s reputation. Substantial Truth: “Truth” is an absolute defense to an action for defamation.

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement.

An example of a defamatory statement may be an accusation made against a public official—such as a claim that he or she took a bribe or committed a crime, assuming the allegation is presented as fact. An accusation of “police brutality” or immorality may also be defamatory.

Article 358. Slander. – Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Written defamation is called “libel,” while spoken defamation is called “slander.” Defamation is not a crime, but it is a “tort” (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming for damages.

Criminal Defense Lawyer The short answer is yes, you can sue someone who has falsely accused you of a crime. Filing a lawsuit is pretty easy – just about anybody can figure out how to do it.

For libel, your civil lawsuit must prove that the written or printed accusations against you were false and were made in a willfully defamatory manner — that is, with malice and intent. Your civil lawsuit over slander or libel can seek compensation for actual monetary losses caused by the false allegation.

File a police report against the person making the false allegations. If the allegations are against you, you can take the person to court and ask for an arrest warrant to be issued against them.

FindLaw Newsletters Stay up-to-date with how the law affects your life

1. Request the property manager inspect your apartment for evidence of smoking.
2. Ask other neighbors to act as references to counter the claims.
3. Request any proof your neighbors may have to support their accusations.

In California, the crime of false accusations is a misdemeanor and you can be prosecuted for it. The penalties for giving false information to the police are up to six months in jail and possible fines. Depending on the circumstances, you could also be granted probation.

How to Handle False Accusations at Work

1. Stay calm. The first and most important tip to follow is to stay calm.
2. Offer supporting evidence. Once a coworker has made false allegations against you, you need to gather any supporting evidence that you can to prove your innocence.
3. Seek legal advice.
4. Don’t hide away.

But in your case, it may not matter much, because under defamation laws in most states, falsely accusing someone of having committed a crime is considered “defamatory per se” or “actionable per se.” That means harm is taken as a given in the eyes of the law, and harm to your reputation is presumed.

Secrets Things You Should Never Tell HR:

• When you have participated in illegal activities:
• At times of FLMA leave considering to take off:
• Lying:
• Irrelevant information on resume:
• Telling about your second job when your first job is full-time:
• When you are assaulted or harassed:
• Love gossips:

Unless your employer violates an employment contract or promises made in a company handbook, or uses the false accusation to cover up an illegal reason for terminating you, there’s no law that prevents your employer from terminating you based on a false accusation.

Unless blatant, wrongful termination is difficult to prove and requires the employee to document as much as possible and seek effective legal representation from experienced attorneys.

As far as your resume is concerned, don’t talk about being fired; there is no reason for you to do so. Your resume need only contain the start and end dates for the jobs you’ve held, without going into details as to why you left them.