Sample Demand Letter - Online Defamation

Sample Demand Letter - Online Defamation

If you've been the subject of a defamatory statement made online or via social media, check out this sample demand letter to get an idea of what this kind of correspondence might look like, or use it as a template when drafting your own letter. (Get the basics on social media and online defamation.)

Note: The sample letter below is not a replacement for qualified legal advice. It's for illustrative purposes only. If you have questions about a potential defamation case and are unsure about how to proceed, it might make sense to discuss your situation with a lawyer.

_____________________________________________________________

April 6, 20xx

Ms. Rachel Grimes
Callaway-Grimes Law Partners
1234 Fifth St.
Washington, DC 20002

Re: Your client: Martin Calder
Date of incident: June 12, 20xx

Dear Ms. Grimes:

As you know, your client, Mr. Calder, defamed me in a LinkedIn post on June 12. He claimed that I had been fired from a previous job for sexually harassing an employee at my former workplace, Richardson Accounting. That allegation is completely false. To make it perfectly clear, I never sexually harassed an employee at Richardson Accounting, I never harassed an employee at Richardson Accounting, and I was not fired from Richardson Accounting. I had resigned to take a new job with Griffin Accounting.

Mr. Calder knew all of this very well. He and I had had disputes in the past, and I had made all of this very clear to him. Furthermore, he had spoken about this with Mr. Richardson, owner of Richardson Accounting, and Mr. Richardson confirmed my version of the situation. Nevertheless, Mr. Calder posted these false claims about me, and has even refused to delete the post.

As a result of Mr. Calder's LinkedIn post, Griffin Accounting fired me. I was unemployed for four months. During this time, I sought out new positions and made inquiries (online and off) for accounting jobs, and concluded that I was now untouchable in the eyes of employers and recruiters. No one who didn't already know me was going to take a chance on me. Richardson did rehire me, but at a substantial decrease in salary. [NOTE: You always want to explain all of the significant facts relating to the defendant's liability. Learn more about proving defamation.]

I was earning $180,000 a year at Griffin Accounting, but I am now earning only $125,000 a year back at Richardson Accounting. People are less friendly to me in professional networks I've been a part of for years, and even some of my new clients have heard about the post and have mentioned the issue to me. To put it bluntly, I was and am humiliated, on top of the financial harm I've suffered. But unfortunately, there's more.

As a result of your client's intentional and outrageous actions, I've experienced anxiety and depression. I started seeing a therapist, Robert Woods, who arranged for a psychiatrist to prescribe citalopram. I have been back to work at Richardson for a few months now and I am still experiencing mental health problems. I still take citalopram and I still see my therapist every other week. I have enclosed copies of his records and bills. Prior to this incident, I had never had any mental health treatment, or been on any prescription medication. [NOTE: You always want to make sure that the other side has all of your medical records and bills when you make a demand.]

I contend that your client is liable for defamation. His LinkedIn post was a false statement of fact that he intentionally published online, and it's fair to say that thousands of LinkedIn users read it. The post has definitely held me up to scorn, hatred, ridicule, disgrace, and contempt in the minds of LinkedIn users, and of members of my professional network. He has no defense. If we go to trial, I will win. [NOTE: You want to summarize the defendant's liability. Explain clearly why you think you will win the case and why the other side is liable.]

My medical and therapy bills total $6,000. My insurance covered only the prescriptions. I paid for the counseling out of my own pocket. My health insurance sent me a letter in which it claims a lien on any settlement that I may get in this case. [NOTE: If you have to repay your health insurance out of a settlement—and you almost always have to—make sure that you tell the other side.]

My medical bills were as follows:

• City Pharmacist 200.00
• Woods therapy 5,800.00
• TOTAL $6,000.00 [NOTE: You always want to put together a little chart listing your medical bills.]

With respect to lost earnings, as I stated, I lost a $180,000 annual salary job because of your client's actions. I lost 4 months of work due to this issue. At $15,000 per month, that is $60,000. I also had to take a lower-paying job ($125,000 per year) to get back to work. I therefore claim current lost earnings of $55,000 per year. I think it will take me 3 years to restore my good name and get my earnings back to where they should be. That adds $165,000 in future lost earnings to my lost earnings claim. My total lost earnings claim (present and future) is therefore $225,000. My pain and suffering is immeasurable. I had to see a therapist and go on citalopram. I was a nervous wreck. I couldn't sleep. I lost weight. I had no appetite for weeks. I still get talked about. It is very embarrassing. [NOTE: In a claim for emotional distress, you should always explain any physical symptoms in detail. An insurer—and a jury—will view an emotional pain and suffering claim far more positively if you have actual physical symptoms, instead of just generalized "pain and suffering." Learn more about damages in injury cases.]

I have attached copies of my tax returns, W-2 forms, and paystubs for the past three years to document my earnings. [NOTE: Make sure to document your lost earnings claim by providing documents that prove your earnings.]

Taking into account your client's clear liability and the extent of my damages in this case, I demand $500,000.00 to settle this case. If I do not hear from you in two weeks, I will contact my lawyer and have her file a lawsuit.

Thank you.

Very truly yours,

[signature]
Richard Johansson