Business and the Law 5
1 | 2 | 3 | 4 | 5 |
Reprinted with permission from Janet Attard* Copyright 2004. All rights reserved.
What are statutory damages?
Statutory damages are monetary penalties specified by law. Frequently they will be a multiple of something else, such as three times the financial loss incurred by the plaintiff
What are slander and libel, and when should I be concerned about them?
Slander and libel both involve damage or injury to someone's reputation or business through disparaging remarks. Usually slander refers to verbal remarks and libel to published (written) remarks that are malicious or harmful Attorneys often refer to the two (slander and libel) collectively as defamation. As a businessperson you might be accused of libel or slander if you imply your competition makes shoddy products, is not professional in their business dealings, or if you write or say anything that could be construed as tarnishing their reputation. You could also be sued for libel, or slander if you wrongfully accuse or imply customers or employees are bad credit risks, thieves, or something similar.
Can't I tell people the truth if asked for credit or employment references?
By definition, truthful remarks cannot be defamatory. However, credit and employment information is protected under privacy laws in many states, and you could unintentionally violate these laws by giving out information. Furthermore, whether you actually could be found in violation of privacy or defamation laws, paying the court costs to defend yourself can be extremely expensive. To stay out of trouble, never say or imply anything about competitors, employees, or customers that you can't back up with facts. Furthermore, never make any kind of detrimental information available to the public or say or do anything that could hold the person or business up to ridicule. If ever questioned, say, about an employee you fired, for your own protection verify only dates and names. Do not say he or she was a lousy worker or a thief. The same holds true for customers who are credit risks. Report the facts to credit bureaus, but avoid saying anything else to anyone else.
1 | 2 | 3 | 4 | 5 |
|
