Alexandra Marchuk sued her former employer and former associate alleging that her former associate, Juan E. Monteverde, sexually assaulted her.  In her complaint, Marchuk graphically explains that, "she had unwanted sexual encounters with Monteverde."

Juan E. Monteverde and Faruqi & Faruqi were not pleased with the complaint, and referred to Marchuk's allegations as "exaggerations and outright lies."  In return, they have filed counterclaims against Marchuk.  According to ABA Journal, "the firm and Monteverde seek $15 million in damages and attorney fees in their counterclaims, contending that they have lost a significant amount of business due to Marchuk's actions."

Counterclaims Against Marchuk:

  • Defamation
  • Tortious interference with prospective business advantage
  • Intentional infliction of emotional distress
  • Misappropriation of confidential information

What is Defamation?

Libel and slander are two types of defamation. Libel is written defamation, whereas slander is spoken defamation.  In order to prove defamation, you must prove the following elements: (1) the statement must adversely affect the defamed person's reputation, (2) the statement must be concerning the plaintiff, (3) the defamatory statement must be made to a third person, and (4) it must cause damages.

What is Intentional Infliction of Emotional Distress?

Intentional infliction of emotional distress is an intentional tort that requires extreme and outrageous conduct by the defendant.  The plaintiff must also prove that the defendant acted intentionally or recklessly.  Finally, the plaintiff must show that the defendant's conduct caused the plaintiff severe emotional distress.

Click to view the counterclaim against the ex-associate.

Have you ever been defamed by a former employee?

 

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