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Category Archives: Defamation

Defamation

Defamation in the Workplace

Introduction You hear it all the time: “I’m going to sue you for slander!” “You’ve defamed me, you’re going to hear from my lawyer!” “That’s libel! I’ll see you in court!” Sometimes you’ll read about a celebrity getting big dollars because a newspaper has libeled her. So what is “slander”? “libel”? “defamation”? And can you… Continue Reading

21 responses to “Defamation in the Workplace”

  1. Mariah says:

    If I worked at a restaurant and I saw someone get served maggots in their food from poor cleanliness in the kitchen is it legal to write a review and warn new customers about the poor cleanliness.

  2. dencapiche says:

    In Los Angeles, CA Area.

    Thanks

  3. dencapiche says:

    On June 19, 2015 around 07:25 am, I was starting my regular shift at the Pediatric Intensive Care Unit, I had a few patients to get report from a Co- worker named “A” who I had a sexual relationship in the past 7-8 years ago while she was married and I was separated. we worked the night shift then. A few co-workers knew about our past relationship.

    Our mutual relation when we saw each other like a friendly hug, touch our shoulder, grab our hands, arm, touch out head hair, It has always been mutual and others co-workers would see that.

    That morning, when we finished the report, we both headed to the equipment room where we keep our personal belongings, she was picking up her bag and I was dropping my jacket. She opened the door and we both came in, she grabbed her purse and I placed my jacket on a chair. We had a small talk, for about 10-15 seconds, I tried to call her attention, I grabbed her arm because we did it all the time when we see each other and all she said was it was late and wanted to go home and She left the room, laughing and smiling. She exited the room first then I did, she went her way to the elevator and I went the opposite way to the Pediatric Unit. After “A” left the room which is in the 5th floor, She went to the 7th floor and gathered with B and both went to the Supervisor and claimed that I asked her to kiss me and that I touch her. She made false allegations about me. The supervisor I guess believed her, contacted the Director and HR or the Compliance office. They called the police and I got arrested in front of my colleagues. I was in shock of what was happening I could not believe that Management did not care about listening my part and my version of her accusations. I was not giving a chance to defend myself. She lied and made up the whole story for unknown reasons.

    Around two hours after the incident these two people were seeing by a co-worker eating breakfast and laughing in the cafeteria after the accuser told me that she wanted to go home because it was late already.

    I started working the day shift for about 6-7 years ago.

    On about 6-7 months before the incident, Other co-worker named “B” and I exchange phone numbers and we started calling and texting each other, starting a sentimental relationship.

    This person would flip flop between day shift and night shift and sometimes she would work at the other U affiliated facility.

    A few of my co-workers; X, X, X And X discouraged me from continuing the texting and calling with B because they said that she had a weird personality and she was not for me to deal with, and I agreed and I stop BUT B got upset that I stopped the communication with her.

    Around the beginning of this year, “A” found out that B and I were having something going on, And she stop talking to me for about a month. But suddenly she was the same person again who was glad to see me but I noticed her behavior strange because she was very interested in knowing if B and I were having something or seeing each other. She would send text messages to B saying I said “Hi”. and to ask her out. But I was not interested anymore. A few co-workers; X , X, And X were aware about this. My co-worker X witnessed it two days before that claim. “A” and I rarely see during shift change because we work opposite shift and different days, we work 3-4 days per week.

    B started working the night shift same as A and they became good friend and hang out together most of the time while at work and They both tried to work the same days.

    As I said previously, I was arrested and taken for questioning to the next building and a few hours later transferred to County jail around 2:00 pmand I was bailed out next afternoon by my wife.

    I then was placed on administrative paid leave for 5 months. A investigation was taking place by a compliance officer interviewing around 20 people some from day shift and most from night shift. A few co-workers that knew a lot about my past relationship with A and B situation were interview and gave their statements to the investigator. I met with the investigator twice, my Union rep was with me during the questioning about the event. The first time the investigator asked me If I wanted some specific people to be questioned and I did mention a few that knew the fact about the involvement with this parties.

    The second time I met the investigator, He told me and the union rep that the investigation was divided half and half but he ended up believing what other people said who for any reason were in favor or friends with “A”. I had a couple people who dislike me and talk bad about my person.

    I have about 7 witnesses and their statements about all the information I am giving and the probable cause of false allegations against me.

    During the 10 years I have been employed at U, there has never been a complaint against me or of another source. My performance as a professional has been unremarkable and management knows and say that

    “A” was advised by the police officer and detective, to file a Temporary Restraining Order, my Criminal Attorney and I presented to such order for about 4 times because the judge postponed it due to the fact he didn’t want me to testify under perjury, to not harm my initial arrest for possible charges. But on November 19, The judge denied and dismissed the case of TRO.

    I received a Intent to dismiss letter from my job for supposedly violating the institution policy.

    I was in shocked that there were doing doing this to me from someone’s false accusations.

    I got so depressed and lost about 18 pounds because I can not sleep due to the whole situation.

    On Nov. 23 I received a dismissal letter soon after my Union requested a Skelly hearing and HR just listened out defense and we made clear that the investigator was biased and did not weight or included the statements from people who gave their statements about the whole situation. I have all the letters from these people and the information they provided to the compliance investigator.

    This was the Union and I, the concerns with the investigation:

    The investigation purports to be neutral and unbiased, but appears to omit key evidence that was discovered from the investigatory report. If X was interviewed, why was her testimony omitted from the report? Is it that it did not support the story advanced about D (me), and that she could not be dismissed as closed friend of D (me).

    Why did the report omits issues raised about the environment and culture of the department in terms of interactions with the staff.

    What the report accuses D of could be considered criminal behavior, but no charges have been filed against me.

    The head manager was asked about D’ behavior toward women ever come to his attention before the incident? She said “never”.

    Ms. “A” “The accuser” states that she and never had a relationship; however several therapist were aware of the relationship at that time. X’s statement.

    In J’s investigation, he stated that the evidence was contradictory, but was concerns that multiple witnesses had seen Ms. “A”visibly distressed after the alleged incident. X testimony that he saw “A” and B laughing and joking about a code silver in the cafeteria, still eating breakfast two hours after their shift ended puts this key observation in doubt.

    X saw “A” talking to D two days prior to the incident and overheard “A” asking D to text B to ask her out. X interjected saying that B wasn’t a good match for D. After the exchange, “A” confronted X outside and asked her why she didn’t think that B was good for D.

    The incident strongly undermines Ms. A’s narrative. If “A” and B detested D from the start, why “A” be asking D to text B? Why would she be upset when another therapist say that B wasn’t good for D? Shouldn’t she have agreed?

    That D had texted B is used to buttress the finding of his culpability in the report. But the fact that “A” was seen pressuring D to text her undermines the report’s attempt to portray Dennis as some kind of sexual predator.

    The report also uses descriptions of D as ‘ touchy feely’ to build a picture of him as sexually aggressive. What the report leaves out is the many reports that there is a culture of friendliness and even flirtatiousness in the department that was reported to the investigator but not included in the report.- X’s statement also speaks to the fact that Latinos are culturally more open to hug etc. when greeting another person.

    One should never assume compliance investigators will be honest and impartial. HR employees have been demonstrated to lie pervasively in many courts cases across the country and these are the same types who ignore genuine sexual harassment complaints years ago. Sexual harassment undoubtedly occurs and causes grief to those affected. However, false accusations of sexual harassment are much, much more damaging and yet those of us accused have no protection or recourse, It is a trap, which is my case.

    Currently sexual harassment law may help real victims, but it opens a wide door to unbelievably easy abuse, thus the law works in favor of false accusers and institutions/ organizations that take their side.

    I researched that there are several women who can and will twist facts to their advantage. In today’s litigious society, if you are a male accused of sexual harassment, you are immediately fired.

    Please!!!! Any attorney that can help me or Anybody who can recommend me a good lawyer. I will appreciated it. my email [email protected] Thanks, Dennis

  4. Brianna Daniels says:

    I work at a nursing home and one of the residents here made a slander about me and another residents engaging in sexual intercourse the statement is completely untrue my boss and HR know but nothing has been done or said to me at least what should I expect there are so many other issues surrounding this issue that I have a feeling I could be something

  5. David Gordon says:

    I’m a tech. for sub contact of Dish.
    I work at this home one even ,the person call in was the daughter of the account holder. I was in constant contact with account holder and his wife with all my work and how i was running it. She call in and impersonated being the account holder. The stated a lot lies and false statement . Her own mother told me after a few run in’s that her daughter was going through sum personal issues and to ask her if I need anything to make my job easier. 10:19 AM (CDT): T THE TECH TOOK OVER 9 HOURS TO COMPLETE THE SETUP BECAUSE SHE FEELS HE WAS FRUSTRATED TO BE THERE.LEFT A MESS ON THE YARD AS WELL WITH NAILS AND SCREWS LYING AROUND BEHIND THE VEHICLE SHE OWNS SO SHE FEELS IT WAS LEFT INTENTIANALY.CST NO LONGER WANTS THE TECH BACK OUT THERE AGAIN.
    V9P 08/17/15 10:17 AM (CDT): ****OOP ABEL 52034*****CST WANTS TO DISCUSS THE ISSUES SHE HAD WITH THE TECH AS STATES THAT HE ADVISED HER HE HAD A BAD DAY AND DID NOT WANT TO TAKE THE JOB TO BEGIN WITH. CST ATTEMPTED TO ADVISE THE TECH WHAT SHE WANTS HIM TO DO AND THE TECH WENT AHEAD AND DID THE INSTALL THE WAY HE WANTED TO.CST STATED THA
    AQR 08/17/15 11:00 AM (EDT): HELLEN CI(VERIFIED PHONE/PIN)..TECH WAS HUFFY UPON ARRIVAL…WAS’T EXPECTED TO DO HER INSTALLATION…CST APOLOGIZED FOR THE SITUATION..WHILE TECH WAS IN/OUT WAS KINDA SLAMMING THE DOORS …CST WAS LIKE WHATEVER…TECH WAS DRILLING HOLES IN THE WALL CST DIDN’T WANT MORE HOLES IN THE BRICK SIDING…CST TOLD TECH TO USE THE EXISTING CABLES AND WALL PLATES…CST SHOWS TECH THE EXISTING WALL PLATES…ONE WAS IN THE CLOSET.TECH TOLD CST THAT NEEDS THE ENTIRE CLOSET CLEARED OUT..CST CLEARED MOST OF IT OUT…THEN HE REPIED THE ENTIRE CLOSET..CST ADV THAT HE ONLY HAS A TIME LIMIT TO DO THIS JOB…TECH SEEMED TO BE ARGUING WITH CST..TECH WAS ASKED TO SHUT THE DOOR WHILE IN AND OUT OF THE HOME BECAUSE OF HER DOGS AND KIDS AT THE TIME HE WAS GETTING READY TO INSTALL THE RCVRS SO HE WALKED OUT OF THE HOME AND SLAMS THE DOOR..WHILE TECH IS INSTALLING THE SERVICE TECH IS MAKING NOISE LIKE “UGH” TECH THROWS THE CARBORAD BOX 15 FEET A CROSS THE ROOM AND HITS THE WALL…SAME THING WITH THE SURGE PROTECTOR BOX..TECH GOT THERE AT 3PM AND WASN’T FINISHING UP TILL ABOUT 1030..CST WENT TO WATCH TV STILL HAD THE SYSTEM WIZZARD ON SO SHE SELECTED WATCH TV…TECH CAME BACK INTO THE HOME AND ASKED DID YOU TOUCH THIS TV…DID YOU STOP IT DO YOU WORK FOR DISH….CST RESPONED BECAUSE IT WAS DONE…TECH TOLD CST NOT TO TOUCH THESE THINGS(RCVRS)..TECH WAS VERY RUDE!!…TRAN TO OOP..JESSIE CB

  6. Paul J Theriault says:

    I was released from my job and then my employer posted on their website why they were justified in doing so, indicating that I was incompetent at my job. They did this the day after a board meeting concerning petitions to reinstate me. They’re a government entity and have committed and acknowledged committing brown act violations. What should I do?

  7. Joe Man says:

    An employee retaliated on me because I warned my boss that they were harassing me. After they retaliated on me (verbally) they doubled down with a false sexual harassment allegation to preempt my retaliation report.

  8. Mandie Black says:

    The HR supervisor and Accounting manager with my company began altering my working and showing our owner as if I had done this. The programs we use have an audit trail and I took screen shots to show him what had happened. I also have multiple emails where she has just been an absolute bully. I have asked multiple times for help with her and the Owner has done nothing. MY work performance is suffering and other workers in the office are suffering with the same issue. How do we get our employer to act? We have all saved the emails to our private email to protect ourselves.

  9. Edwyn says:

    My VP sent an email, that I was not copied on, seven months after the incident to my general manager, co-buyers, assistant buyer (subordinate) and other co-workers. The claim was that I was the sole party responsible for the loss of a major account “All thanks to “my name””

    My responsibility:
    We setup a product online that an authorized distributor of the product said was approved. My boss, marketing manager, and I agreed we should be first to market on the resale of the product. The email was created and broadcast. We have emailed other deals from this manufacturer without recourse and approval. Our team received consequence for our launch of a product into a market they had not approved and disciplined our company by not selling in one of our markets.

    The concern:
    1. I in no way sent this email knowing this would be the outcome.
    2. The team agreed and signed off on the email and I am not responsible for sending the email but rather only the setup of the item and relationship with the vendor.
    3. Multiple other emails have been sent this week claiming I had malicious intent in my job responsibilities

    The grounds:
    1. This statement was clearly aimed at damaging my reputation with my peers
    2. The intent is clear that a case for termination is being built based on false opinions and leading statements. This event addressed in November and solution discussed and agreed upon.
    3. This is not the first public statement made that was meant to defame my character and said in a malicious way.

    Other proofs and facts have been documented but I am wondering if these events constitute grounds for legal action.

    • Eugene Lee says:

      Defamation is a VERY fact-specific claim. You would really need to consult with an attorney and flesh the claim out to get a reliable determination. Most lawyers have a free initial consultation. Good luck with your claim.

  10. Eli says:

    I work for a high end dealership in San Diego. I initially made contact with a client looking to buy a car on a Friday. Monday is my day off but I happened to be in the showroom delivering a car to a client at 9am. The phone rang & it was my customer from Friday. We set a time for Tuesday to meet. Tuesday morning I woke up with a horrible migraine and stayed home in bed. When I asked my sales partner later that day if my customer came in, he told me yes & that he bought the car & I’m not getting any part of the deal because I answered the phone the day before (my day off even though it was my client from the Friday before). He then accused me of attempting to “snake” the deal then he asked if I ” really wanted to play games” with him. He told me I hadn’t done $hi/ to earn the commission and to forget about it. Knowing my partners past, it isn’t worth confronting him because I know his abilities to inflict physical harm. But at this time he’s obstructing my income & causing emotional and mental harm as I now get to go to work worrying about him. What can I do about this?

    • Barbara Elaine Leon says:

      “You know if you can prove that is your customer, possibly letting the customer know exactly how the deal went down.” Then you may have a case. If your all under the umbrella of the same company. I would go over the policies in cases like yours. But always remember lesson learned. And keep a very close eye on that troll. You know he is watching you now.What better way of controlling the situation by knowing where “he is and what he is capable of doing without your say.” I know most would go vengeance, but have patience grasshopper. Karma always gets guys like that.

  11. shalaun p says:

    Question i have a ex empolyer who took a writin statment to employee relations that stated that my self and another x employee were waiting outside of work eveyday for these girls to get off to beat them up they felt threated and harrased. However that was not the case. I havent seen them since i was terminated. Accually a whole week before. I was terminated. The other girl doesnt live in our city. Does this count a defamation ?

  12. Wyatt says:

    The nonprofit company hired a consultant to study a program. The consultant’s report came back negative toward the program generalizing the staff as untrained, inexperienced, and lacking in customer service. The charges are false because the staff all possess college degrees, and most have graduate degrees in the program area. Secondly, the cumulative experience exceeded 60 years, which is greater than many comparable programs. And, there is voluminous record of outstanding customer service in unsolicited letters to the program and in depth analysis by both media and government auditors. The company forwards its full faith and credit to the report by opting to print the consultant’s report online (unlimited worldwide distribution) without comment or clarification despite having been warned internally prior to publication by the program lead that the statements about program staff are materially false and unsupported. Employees thus defamed question the company decision and discover in limited requested internal materials that senior staff in reviewing the report made corrections to all sections except those pertaining to staff. A sample survey result (insufficient for scientific purposes, however) meant to provide data for the consultant’s report strongly contradicts the assertions of the consultant’s report. Further, the company takes limited punitive disciplinary action against employees who have raised concerns about the now-published report that has branded them professionally as untrained, inexperienced, and lacking in customer service. The company removes the report after 321 days published online in order to limit access by government auditors in an upcoming legislative session. Libel? Conspiracy to Commit Libel? Whistleblower? Both company and consultant liable? Individual senior managers who did not question the libel?

  13. Aaron Carter says:

    I have never seen anything good come from a defamation law suit. They come from rash decisions and judges and juries can see that. Nobody wins in those situations.

    Aaron Carter | http://www.hrwebinartraining.com/online-hr-training/

    • Barbara Elaine Leon says:

      so use the media and plaster the crap out of what occured and show people that this is Unacceptable.

  14. matthew says:

    So lets say I’m a dishwasher and people are hating even some kitchen managers while I was in training said they want to fire me andbecause I’m too slow which is not true now I’ve been through training and am a fast worker but they go based on how I was in the beginning I got sick for two weeks with bronchitis they cut my hours because I was sick I burned my arm and it was about to get infected so I asked if I could get a day off so I could heal based on that they cut my hours because they said I’m sick all the time and dont show up which is not true I have been on call and proved to be reliable to the main managers is it slander if they believe what my co workers say and what can I do if they clock me out and use my number if I’m not working to their standard also if a manager grabs my apron and pulls me back when I’m working and tells me to go home isn’t that illegal?

  15. M. Garden says:

    Relative to defamation by an employer is a disturbing trend by prospective employers towards requirement of a waiver agreement indemnifying references in the case of prospective employees (one I saw even indemnified “any parties to whom the results [of a drug test] may be given”- what, like the Daily Blab?).
    In California, we enjoy protection from malicious defamation by references (former employers) whom we cite under Cal Labor Code SS1050- 1054 (even to stipulate treble damages).
    Now, to make the former employers feel cozy enough to speak their minds’ derogatory perceptions, HR is offering to conspire with them in obfuscating our Law?
    Do I hear “Take this job [offer] and s…… it.”?
    I have yet to see professional opinion other than one that opines “If the job is worth it to you”.
    Our rights are up for barter to serve the interest of a new employer? When have employers ever acted in the interests of their employees without some authority riding herd on them?
    This practice should be cited as precedent for gangs requiring indemnification against recourse under Law by people passing down their turf streets, then maybe it’ll be thrust into the light.

  16. Guest says:

     worked for a medical practice that was run in an enethical and unjust manner. An employee was fired for seking reimbursement for being clocked out for lunches she was unable to take. The remaining front office employees were fired for not agreeing with her treatment as well as other office conditions – myself included. I found out the same day I was fired from the practice that I was accepted at another practice, so I did not pursue legal actions for being unlawfully fired. CA is an at-will employer, didn’t seem worth it. I did however, file with OSHA regarding blatent violations, as did the 4 other employees who were also fired.

    Fast forward a year and a half and they are buying the building where the doctor I work for currently practices. We got some of their mail and my boss emailed my former employer to see what they wanted us to do with the mail. My former employer responded with a statement saying they were going to install locked mailboxes, additionally security cameras, and additional lighting in the parking lot to assure there would be no mishandling of mail or damage to their property or vehicles due to “a former employee’s threats against the property.” I am their only former employee who works here, so they are obviously talking about me. Additionally, they informed my current employer they were willing to discuss “the employee in question” in a face to face manner regarding things that would shock my current employer. My employer is unwilling to participate in any conversation without my involvement and HR’s involvement, but it does not take away from the fact they are influencing my current employer in a negative way.

    My former employer states they have written proof of my threats to the building, which is not possible as I have had no contact with anyone from their office in almost 2 years – and I have not emailed, text, or discussed the situation. I feel harrassed by my former employer and I am not sure if I have legal rights here. I know it is not legal for them to say anything negative about me if they are asked by a perspective employer, but do I have rights if they are seeking to inform my current employer? Thanks!

  17. Ez63 says:

    I was accused of being “homophobic” by one of my employees because I promoted another associate over him.  This has spread thru my company and has gotten back to my boss and some other powere players for my company that may or may not be homosexual.  I can see how this is starting to affect my relationship with some, how can I protect myself?  What rights do I have?

    • Forkeh says:

       Well the company cannot be held liable for your subordinates defaming you, however, apparent from the binds of the company’s legal obligation you may have a case if and only if those comments damage your career or life significantly and you can prove it, you can prove the person in question said those thing, that those things can be determined on a fact/fiction scale and not an opinion scale, and that the person in question cannot prove that you’ve never said or done anything to portray homosexuals in a negative light.

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