Defamation in the Workplace (2023)
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 sue on them?
Let’s start with an easy one first. Libel and slander are types of defamation. Slander is oral or spoken defamation. Libel is written defamation.
What is defamation?
Now that that’s out of the way, what is defamation? Conventional wisdom holds that it is when someone says something bad about you. But the legal meaning of defamation, the type you can sue on, is much narrower. The reality is that, in most cases, what you think is defamation is not defamation in the legal sense.
Here are some examples.
Suppose you have a co-worker who goes around telling everyone who’ll listen, “John is a real bastard. They oughta fire him!” Sounds terrible right? That is probably not defamation.
You’re a standout employee who is flawless but your boss gives you a blatantly false performance review that goes into your personnel file and it says, “You’re the worst employee ever. You constantly screw up. Shape up or you’re going to be fired!” Again, probably not defamation.
In California, Civil Code §§ 45 to 47 define defamation as follows:
Libel: “false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.”
Slander: “Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which:
1. Charges any person with crime, or with having been indicted, convicted, or punished for crime;
2. Imputes in him the present existence of an infectious, contagious, or loathsome disease;
3. Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;
4. Imputes to him impotence or a want of chastity; or
5. Which, by natural consequence, causes actual damage.”
The legal requirements for proving defamation
Defamation breaks down into the following basic requirements:
1. Defamer made a defamatory statement to at least one other person besides the victim
2. The statement was a false statement of fact (i.e., something that can be proved true or false), not opinion. Bad performance reviews are typically held to be statements of opinion, so if you get one, you won’t normally be able to sue for defamation. It would have to really go beyond the pale to qualify as defamation.
3. Hearer reasonably understood that statement referred to the victim
4. Hearer reasonably understood that the statement meant something defamatory
5. Defamer failed to use reasonable care to determine whether the statement was true or not before making it
The requirements can vary and grow depending on the circumstances. For instance, defamatory statements made about your professional reputation or competence are considered especially severe, so damages are simply assumed. Otherwise, you need to prove you were actually harmed by the defamation and in what way. If you’re a “public figure”, then the burden is on you to prove that the defamatory statement is false. Otherwise, the defamer has the burden to prove that the statement is true. If you’re seeking punitive damages (damages which don’t just compensate your harm, but actually punish the defamer), you need to prove that the defamer acted with “malice”, “oppression”, or “fraud”.
Employer liability for employee defamation
Employers can be held liable for defamatory statements made by supervisors, managers and other employees which are made “in the course and scope of their employment”. That last part means, if a supervisor defames you while drinking at a bar while on vacation, you might have a defamation claim against the supervisor, but you probably can’t go after the employer. If the supervisor made the defamatory statement at a company meeting, though, the employer could be on the hook.
Some exceptions
Because this is the law we’re talking about, it shouldn’t surprise you that there are exceptions to the above. In fact, there’s quite a few. Here are some of them.
1. Employers’ statements to co-workers. These statements, even if otherwise defamatory, may not be not grounds for defamation liability.
2. Co-workers’ statements. Employers may not be liable for otherwise defamatory statements made by co-workers to each other.
3. Employers’ job references to other employers. If an employer gives a defamatory job reference about you to another one of your employers, the statement may not be actionable as defamation, so long as the employer did not act with malice. [Note, California Labor Code § 1050 does prohibit ex-employers from intentionally interfering with your attempts to find a job by giving out false or misleading job references.] In any case, most employers nowadays don’t want to run the risk of getting sued and when asked for a reference, aren’t willing to do much more than confirm your dates of employment and your position with them.
Some pitfalls to beware of
If you believe you have been defamed, DO NOT WAIT. California Code of Civil Procedure § 340(c) requires you to file your lawsuit within 1 YEAR!
Also, here in California, you should bear in mind that if you bring a defamation lawsuit, you could be subject to a nasty court procedure called an “anti-SLAPP motion”. This procedure requires you, in certain special cases, to prove that you have a likelihood of winning your defamation claim very early on, even before your lawsuit has really begun! If you lose, you could be on the hook for potentially big attorney fees and legal costs.
If your employer is a government entity, special rules and procedures apply. For instance, you may need to first make certain government filings before you can bring a lawsuit.
Conclusion
All in all, the above might seem pretty intimidating. Truth be told, it is. Courts do not generally favor defamation lawsuits and the legal requirements are complicated. Of course, that doesn’t mean you should give up before you even start! Many defamation lawsuits have resulted in multi-million dollar verdicts and justice for the victim.
If you think you have a defamation claim, do not wait. Pick up the phone and talk to a lawyer now.
I have an employer who has slapped her hand on the desk and tell me am I stupid and she has called the customers that didn’t even know me brand new customers that come in the store she has called in my name in a derogatory statement and me and has called me stupid several times and I have felt like they didn’t want me there and so something happened with one of the drawers at work so I called the employee whose drawer it was and just asked him what happened and I and I said maybe it’s them trying to let me go I don’t know cuz I don’t know what’s going on here so they came her and another boss came up to me and pulled me outside and told me that because I text him that that is that that was where you’re trying to get back it’ll retaliation said that it was retaliation I haven’t said anything about her calling me stupid and calling the customers my name in a derogatory remark and it has really affected my work performance and they wrote me up for causing a hostile work environment because I made that statement to another employee and because I called him on his phone to ask him what was going on with his drawer because I was working at another store that day I mean is that allowable for her to call and the customer that she called my name said did she just call me Becky and I said yes she did and then when he was l the first time that that had happened where she slammed her hand on the desk at me it really upset me and I didn’t know at the time that I had IBS and ulcerative colitis but I ended up in the hospital that night by ambulance because I was just had a lot of blood in the toilet when I went because I was very upset about the job I’m a lot older than the other employees that are there I’m like 50 years old and she treats me I mean she’s older than me but she has treated me pretty bad in the past I mean is that lawful can they get away with that can they do thateaving she said bye Becky to him is that lawful can they do that
I have a direct report who complained to HR that I removed him from a position and placed a relative of mine in the position. Without an investigation HR placed me on Administrative leave pending termination. Embarrassing me to 2000 employees and 72 direct reports. The loss is $144,000 a year.
Facts: I recruited five former employees to return to employment due to having 18 open positions and not meeting the client obligations for service. I had no part of the hiring decision.
The complaining employee had refused the position which I filled with one of the returning employees. I recruited this employee from out of state and due to the high price of housing in the area, I gave him a place to stay in a cabin on my property charging him no rent or other associated costs. In addition, I offered to temporally have him commutate to work with me and use my vehicle as needed until he could buy a vehicle. (Note this man is awaiting enlistment into the US Navy and this job is being used to support him until enlistment is compete).
These accommodations were greed to in order to entice him to return to the job, I am not in anyway related to this employee, he is a school friend of my grandchildren and is more than qualified for the job.
The employer asserts Nepotism and again did minimal investigation which would prove with documentation that I am not related to the employee, have no imamate relationship with the employee and showed no favoritism to the employee in his assignment. I also did not directly supervise the employee, there are two levels of supervision between my position and the employee. In addition I am 70 yrs old and recently obtained a raise from 94K to 144 K a year. I suspect this is a ploy to remove me due to my age and to replace me with a younger person..
That is horrible! Please get help for her. Is there an authority in your office? Please report this incident! She should seek legal help. I have seen lawyers advertise that they can provide free consultations and take the case. If they lose, no expense to her. If they win, they take s percentage of the proceeds.
Holly I have a friend that got fired by our manager by making false statement about him and 3 months later he is still unemployed. Could you give me the website and name of lawyer so I could forward it to him. Thank you.
I work for Amazon. One employee keeps threatening me saying she’s going to beat my a**. I have her on video. She constantly bullies me. Another girl also tried to fight me and another girl has thrown company equipment at my face. I have always gone to HR and filled out their document form, and they say they will do investigation but nothing has changed, besides them always talking about moving me to new positions and they let the other girl who bullies me and threatens me to stay where she is at. A different girl has started gossiping about me and spread a bunch of rumors and had half the warehouse talking about me and trying to fight me. One shift assistant is constantly inappropriate, making suggestive comments and showed me pictures of him with his shirt off on a company trip he went on. The original girl who started all this drama is said to be in some kind of relations with the shift assistant and since he’s always making these comments to me she took it out on me. She is 19, the shift assistant is 36 & I am 27years old. Since I told this shift assistant that I am only here to do my job that I am paid for And shut done his suggestive comments of trying to pursue a non work professional relationship he has been extremely mean to me, yells at me, and calls managers into the floor and makes up false information to get me into trouble. It seems HR won’t do anything. I have been so stressed out I have lost 15lbs since starting to work here. All of these employees that are bullying me are all friends and they are trying to sabotage me moving up within the company.
Have you ever heard this saying ?
“If you meet an asshole in the morning, ok, they are probably just an asshole.
If you keep meeting assholes all day, YOU’RE the asshole.”
The fact you are having problems with so many different people at work indicates to me that you are actually the cause of all these interpersonal conflicts at your warehouse.
In addition, the manager showing you a shirtless vacation photo is NOT harassment. It’s completely normal for men to go shirtless on vacation and showing you such a pic in itself is not sexual in nature. Overreacting to things like that and slinging false accusations can make your coworkers dislike you.
Dude of course everyone there is an immature idiot, it’s an Amazon warehouse what do you expect? They are probably all ex cons or people who got fired for stealing from their last job. If you want a nice place to work, you shouldn’t take jobs that take applicants with literally no other job options
They know you also have no other job options so they can and will treat you however they want
I am a state worker and I have a management team that is trying to ruin my employment record. They keep writing memos on my attendance and wont allow any change in my schedule, but will allow it for other employees who do the exact same job. All my request have been denied. They now have taken disciplinary action against me and have reduced my salary. Please advise? Is this considered as defaming my reputation. I wont be able to transfer to another department or get a promotion due to all the negative marks they have placed in my personnel file.
No it’s not defamation, if they are telling the truth about your attendance. Just because you can’t get the job schedule you want doesn’t give you the right to skip work. If you don’t like it you can find a new job. It’s possible that the people who got their work schedule changed asked first, asked earlier, or have better reasons justifying a change of schedule.
Hi, coworkers are gossiping behind my friends back alot, and he was forced to work a later shift, afternoons. shes saying that its totally not fair and that this gossiper in general is just luring her with little workplace incidents that gossiper sets up and people laugh at her everytime shes there, or behind her back they are making some stories but usually about her, she says its about her and she doesnt talk to them anymore and it feels hostile that most of the coworkers are not really helping her answer the questions she has, instead they pretend they dont know and try to make her say the details. Also they now take stuff from her area and cannot tell who did it, so they are always lying to her about even work related questions if she asks. This makes her question everything and is worried about it, plus she feels HEAVILY true about gossiper using her information and spreading RUMORS that can be true but she didn’t share, like what she does after work, her phone number, what she bought… What should we do?
She should quit the job. There’s no law that says you have to be nice to your coworkers. Rumors aren’t illegal
What happened to me is at my job i notice how in a way i was getting bully by never taken into concideration my opinion by my boss not supporting me by not train being train the proper way. I had an issue with the system i used to do my work finally my bosss shows up the next day i ask him about my raise he said cause of that issue i dont qualify for a raise this is after 4 months being on the position. I reported this issue to my supervisor the next day my boss calls me to the office n ask me to go home so im wooo.. Why he said cause your stressing out and i said thats a false statement your giving so i said no. I get sent home little i knew i got blame for those 2 incidents that i reported. Then i get sent to my old position a few weeks pass with the opportunity to go back in the future tgen i notice how i was getting gaslight the he sais she said or i never said that once confroted.. I was getting attacked by rumors. Gossip ignore after i reported that supervisor rummors where lies they left me all the work n il get blame for it. They tell me call this two individuals for a meetin i do my name wasnt call one of the guy i call with his body goes lets go i follow we go inside the office the manager tells me clock out n go home…
Lol
Based on what you’ve said, it sounds like you are causing problems at your work. You can’t refuse to go home when they tell you. You also shouldn’t ask for a raise after you’ve only been in the position 4 months.
I work for a private client. They have a secretary who has made it her focus to make decisions for the client against his will or decision including fielding calls, calling physicians to say that their instructions are wrong and that he should not be allowed to eat certain things or make any decisions at all( regardless of physician reccomendations. I am health-care hire ( with a 11 year ago conviction)
I work very hard and the client is well aware of my past. The secretary took it upon herself to bring up my past and harass me weekly for the last 3 months. Our client is knowledgeable and wants me to stay. It was not so damaging but now because our client is aware and wants me to stay she is making community call to defame me. What are my rights and what can if anything should I do?
Here is my situation. I am in California and an hourly employee and according to law I cannot answer phone calls, emails or texts unless I clock-in and get paid. This new director tells me I HAVE to contact her no matter what, she works out of Chicago with different laws… so she is upset with me because I haven’t responded but when I am at work she calls me and yells at me saying she does not appreciate not contacting her and this is “insubordination”.
Now, as a person working from a state that deals with another state, like California, they should do some research about labor laws, right?
She had promised to help with schedules and even when I went on vacation, no schedule made. So I get back after 2 weeks and she demands me to make a schedule immediately. I came back on Tuesday and the schedule should have been posted the prior Thursday…
Outside of that, she tells me in person “If it were me I would have terminated you but since you saved this shop twice I am giving you a benefit of a doubt.”
I had been with the company 2 years and saved them from failure to come across a new director whom I never met and threatened my employment. With that threat it makes it a unsafe workplace.
She forced me to quit the company due to stress which caused health issues.
My friend works with her still and she is slandering my name and work ethics to everyone that I had worked with. Saying that I was a horrible employee and was insubordinate and never did what she told me to do, all false.
Do I have a case on unsafe workplace (threatening) OR slandering my name?
Last week I had a new supervisor call me on my day off and accuse me of stealing A PIECE OF EQUIPMENT from the company I work for. I have been a model employee, shop foreman and assistant chief union steward for my company which is a concessioniare in a national park. I had been tasked with a project from his superior and director of facilities, regional director of transportation, director of finance and compliance (corporate office) and general manager of the transportation. I have done this for our department needs primarily but have gotten results that have benefitted multiple departments. With that being said I have been asked to do this project for the last three years to make sure we are in compliance for the park, the company and most importantly to myself and my fellow workers so we have the equipment we need to do our jobs safely and cost effectively. Well this particular supervisor was unaware of that, and even though I was the last person he had asked about this piece of equipment and was told by me that it was being shipped out for assessment. He decided to say the equipment was stolen and get law enforcement and corporate involved. However this place on a Friday, a day in which I had left early sick. Well he called me over 24 hours later on my day off to inquire about the equipment but the first words out of his mouth was that I was up to something shady! That implies wrong doing, so I enacted my winegarten rights and told him be careful what you are saying here, you have no idea what is going on and what I an doing. I have all the documentation and you are accusing me of grand theft. I told where the unit was at an approved vendors yard waiting to complete transport to dealership but since I went home sick early on Friday and hadn’t got a confirmation from dealer it was rescheduled for Tuesday when i would be back to work. He pretty much told me yeah sure, you are doing something shady and I got you on this. I told him then to “go F!!@ himself ” at that point! Well he proceeded to call the vendor and state that I stole that tractor and straight gangstered it out of the park. The vendor told him I’m unloading this now and you will find it at the end of the road, I don’t want anything to do with something stolen. The vendor told this idiot that he was contracted to haul it to fresno but i hadn’t got back to him on friday with the address so it was rescheduled for tuesday but now you all can deal with it. He also emailed the Garage GM and told him, ” I know where the tractor is and Ryan stole it”. Well Tuesday morning I went in to work pissed, but I had contacted my union and met with them on monday night on the way back from my doctor’s and showed them all my paperwork. That got a fire under them for sure. Tuesday at about 9:45 they call the investigative meeting and I had our union lawyer, secretary and business manager on the conference phone and we caught this supervisor in multiple lies, the vendor and others of issued statements that support my claims and as of today, Friday, the investigation against me is concluded with no wrong doing on my part. This supervisor was hostile towards me once he was caught lying and the regional HR director thought the same, my director, upon his return on Friday thought the same as well. This guy called me a thief, said I stole from the company to people outside, and third parties. I have been completely exonerated in less than 3 days (unprecedented by the way) but what can I do about this? He defamed me, slandered me , libeled me and I believe he discriminated against me in that I am an ex felon and he singled me out on this and went after me before he had his facts. What are my legal options against him and the company. I”M PISSED!
I have a situation going on at work with an employee that resigned about two months ago. He is suing the owner for his unused PTO, which according to California law, is required to be paid out once the employee leaves the company. However, in the employee handbook that the owner has each new hire sign, it states that once an employee quits they forfeit their PTO pay. Can this document the company owner has each employee sign hold up in court, or will the owner have to pay the employee the unused PTO? Side note, the owner can not find this employee’s file or the signed document. Not sure if that changes the situation or not.
If they didn’t sign the employment agreement, then no It won’t hold up in court, because they didn’t agree to it to begin with.
Either way, unemployment agreement is obviously not allowed to violate state law. If your state’s law says that employers must pay out unused PTO time, then Your boss will be required to pay the employee for his unused PTO, and he will probably have to pay additional fees to compensate for theft of this employee’s wages, because if you don’t pay someone what you owe you are stealing from them
Hello, this is my situation… I was hired on with a public sector company and had been on probation. During this time I received an email from my HR department informing me that I was the subject of an investigation into a whistleblower case regarding improprieties with the hiring process. Meaning, I was being accused of having cheated during my hiring process. Right off the bat I had a really strong inclination as to how this came about. There was a female whom I had worked with years ago in a different company and she knew some of my personal business through mutual friends and acquaintances. I strongly believe that she was the one who made the accusation which drove this investigation to occur. The attorney conducting the investigation stated to me that if they could not substantiate the claims, that this entire “thing” would just disappear as if it never happened. So after waiting on pins and needles (while I was still working side by side with this person) no report or anything came of it. But during my probation period I receive one first negative evaluation (which was filled with lies) that was given to me before the investigation and the last two were standard and above standard. Those were give. To me after the investigation. At the eighth month I was taken to HR and given a letter of release. I was fired. The company stated that this was due to my first unfavorable evaluation and that they basically weren’t taking the following two evaluation into consideration. After being released I was being told by people close to HR employees that the real reason I was fired was due to the fact that they could not substantiate the claims of the whistleblower case, but that they still did it want me employed with them any longer.
It sounds like they had good cause to fire you. Remember an employer does not owe you a job, and they can fire you for any good reason or no reason at all
Am an Escrow Officer by Trade for over 35 years. I was laid off for not enough business this time with a small separation pay. 6 yrs ago I was offered a job as sr. assistant to the branch manager. The entire time I was there he told me that I would be branch manager when he retired and I was excited to build business. I had been a sales agent, branch manager and the job was easy for me. Later on a young man from another office came in and was offered by the company to further his education and he jumped on it as he should. He has a remote assistant that he swears he cannot live without even though I was 3rd party to his team in the office. Another team was pushed from another branch because that manager did not like them and wanted them out of her office . The Manager I had been working with retired and I was prepared with full steam ahead to take our desk, hire my own assistant and make money. I was then odd man out. They offered me a 6 month trial to be on a team and not take the branch and gave me a bonus on top of it and if I wasn’t happy with that to let them know. I let them know 4 months later I wanted a desk (to my branch manager, not corporate) and it was skimmed over. I tend to be lively and was asked to lower my voice. I come from the East Coast and am verbally honest to a fault and expect people to return that favor to me. So I remained quiet and didn’t engage the other team in conversation for fear of saying something (which was everything to them). I was just let go for slow business and them cutting corners. I was told by my regional manager who was escrow manager at the time to look out for a certain person who was looking to have me fired. So…..was I laid off for lack of work (I doubt it) or because someone just didn’t want to work with me and was desperate for her job.
Hi Debbie, that’s a good question, and perhaps more importantly, did that someone engage in defamation to get you laid off? You will need to do some detective work and will need to find some eyewitnesses to the defamation, if it did occur. As any lawyer will tell you, it’s all about the evidence (witnesses and documents).
On the day I resigned my position my exit interview went well and even stated i was “eligible for rehire” by my company. (California)
My last performance review was excellent.
I voluntarily left to take a position with a competing company which unset my manager who then sent a deliberate, libelous email to my new boss .
Do I have a cause for action?
Likely yes – but it really depends on the email and what specific false statements of fact your former employer made in that email. Remember, opinions are not defamation, only false statements of fact are. Please feel free to give us a call at (213) 992-3299 and we’ll be happy to discuss it with you.
How is it “likely” that he had a cause of a action here, when it’s not even clear whether the email solely contained opinions? I get that you are trying to run a practice here, and drum up business, but as an attorney it’s highly irresponsible to be telling potential clients that they have a likely case when you have no idea whether they do or don’t.
Hello, my situation is this. I am employed at a government agency for about 12 years. I was told about 6 months ago from a different unit manager that I had made an error in my work, just as hearsay. I was like huh?? I had no clue and was never told anything about my work. Never got written up or verbaly told. I just passed it off as bs. This manager has left the agency and has a new job now. So about 3 weeks ago I got an email for fact finding about my work, charges are: incompetence, inefficiency,inexcusable neglect of duty, willful disobedience. These are the charges. Well, I pulled my job duties and processes that show it is not true. Of course the union is involved and I will prove my case to them. My question is, is this slander and defamation of character?? From the manager that told the other manager and I know she told others about the mistakes that she is falsely accusing me of. After I prove my case, would I have a case to sue the agency for defamation? Would I be allow to continue working there if I’m suing?
What if you know from text messenger from both parties a dental hygienist and a CEO and well respected/knowledgable dental industry leader (and married) that they slept together and then one of those parties used the other party as a job reference for a CEO/dental company position? If that information was to come out, what is that?
There’s nothing illegal about providing a good job reference for someone you slept with. However, trying to use that information to make demands from them is highly illegal, that’s called extortion. You shouldn’t do that
One of my friend resigned from her company and her colleague (the one who was spreading false rumors about my friend) texted her that she didn’t resign but was fired and later also posted the same on a private group of other employees of the same company. People started asking my friend if she was doing okay as they got to know that she was fired (which wasn’t true). My friend has all the proof in the form of text messages including the one posted on the 3 party group. Can she sue this employee for spreading false rumors?
Hello
I’ve been trying to land a job wit this company for about 4 year with false hope and promises. I’ve been told that I’m going to be hierd 4 separate times. Any way I had just recently walked out because my department head told me that management approached a co-Worker and him that she saw me with white powder on my nose and asked what they knew about me using drugs. This statement of hers is 100%false and was offended that she said that even though my co workers defended me and also offended that this conversation with the department head was with another co worker. I left for that was the last straw. My jobs tasks are doubled for they neglect to hire for whatever reason. So this means I have double the work load. Company policy about lunch breaks says not before 3hours and not after 5. I’m told not to leave the department in attended so I need to go after an hour and a half/ two hours into the beginning of my shift. They don’t pay the overtime and I get a write up. I’ve been warned that if I don’t do my job with a certain standard I’ll be written up, this pertains to both jobs I’m covering. I also get threatened to be let go when I get overtime at the end of my shift and hint at free timing it ( Work for free). I’m a butcher of 27 years and am at my wits end. I have a couple more harassment issues I’ve reported to the union and was sent on my way to chase my tail. I’ve lost wages and harassed by people who no longer work for the company and think I’m not getting hired because of that person. I am an outstanding employee hard working polite person. I see people with lesser skills and attendance than I get hired before me. I’ve heard my department head say he glanced at an e-mail stating not to hire me. Thanks for your time.
i work currently at an amazon warehouse. I just found out today that someone went and complained to HR that I hit them while in the workplace. (this never happened). The person also said that there were no witnesses. I have been informed, by HR, that they are launching an investigation on me which consists of them checking the cameras, looking for witnesses, and another long list of objects… HR says that if they don’t find anything on the cameras, which they won’t because it never happened, they then have to ask the employee if they feel safe working with me. If the employee says no, they have to change my schedule, if there is no schedule availability they have no choice but to release me. I need to know what I can do to fight this, if anything.
As a former tier 1 associate at Ont2 warehouse I advise you to document, document, document. And I don’t mean make written statements for Amazon to keep. I mean get evidence in writing in your custody. Send an email to HR, hopefully they will respond by email. In those emails ask questions that require a response. Ask them to respond to the email at least acknowledging it. Send emails and or texts to friend or spouse. Do it during your quarterly breaks if possible. This is so you will have a time stamp and witness on statements and won’t have to rely on memory. You’d be surprised at the ease in which they lie, make phony reports against tier 1 associates. Best
Yesterday multiple police officers showed up to my job I was not there at the time working out in the field when I got back my boss said the officers said apparently my wife had been beaten and an officer was looking for me I went home to find my wife had a bruise on her face from our 4 month old baby squirming his noggin in her face and several hours later they arrived to question and photograph her face and my hands. The police left satisfied however would it be slander for those officers to arrive at my job saying my wife had been beaten to my boss and co workers? I’m shocked this happened and will definitely sue if something changes with my job.
Lol obviously the baby did not bruise her face. Police officers will not be liable for slander. And if your job thinks your wife beater they can fire you and there’s nothing you can do about it
I worked as a Assistant Administrator in a Assisted living facility for the elderly. My boss and I went to assess a potential new resident at a large hospital in San Diego. We were met by a social worker that was handling his case. After a few days I was asked to contact her to see if there was any updates. But My boss had the paperwork, As I knew her name I googled it to get her work phone number. when I put in her name it showed her engagement announcement. I got her work number and called her to get an update. After I got the update in casual conversation I asked her if she just got married, She said yes and asked me how I knew. I told her it came up on Google.
We hung up. And the next day her supervisor, called my Administrator and accused me of sexual harassment for congratulating her, This lead to an argument with my boss as I felt I had done nothing wrong. But my boss wanted to give me a written warning for this. I told her I would not sign it. And I quit. Can I sue her, Her Supervisor and the hospital for costing me my job and my reputation?? As this is were am now. Please Help.
Any Thoughts??
No you can’t sue lol they didn’t lie about you
Also Joe, the only person that cost you your job was you, because you quit.
I’ve heard from my coworker that other coworkers have been talking a lot of crap about me I did not care until they are now gossiping that I stole money which is completely untrue. I’m going to talk to my supervisors on Monday but I doubt they will do anything. Can I take them to court?? This is definitely deformation
That sounds like slander. The key however is going to be getting proof that those co-workers are saying things about you to each other.
one of the vendors (high profile company ) told everyone I was with a woman half naked in the lobby of my secure building lobby , were cameras were present as a result I was fired . I explain that it was not true to check the cameras which they ignored . I was with my wife of 28 years and we were walking out of my office , can I sue the company that subcontract for my previous employer ? tonygettz@hotmail,com
Short answer: yes. That is textbook defamation. The problem is proof. Can you get proof that the vendor slandered you? Can you get one of the persons who heard the slander to give you a written declaration, specifying exactly what the vendor said? Also, get the video from the building lobby ASAP, if you can.
Your wife wasn’t half naked?
My supervisor told my significant other via text message that I was terminated! Even after being given the option to have me call her first, she still took it upon herself to let him know instead of being sure I knew first.
I am a Manager at a Mobile Home park – a resident accused me of “spying” on him as he left another resident’s home. I was nowhere near this resident’s home nor was I spying on this
individual – I had not even seen this individual on the day in question. This is one of a series of stressful situations with this resident which I want to put a stop to – I have asked this to stop but has not. What grounds do I have to file an harassment claim against this individual? This along with other situations has upset me greatly.
There is no such thing as a “harassment” claim. Accusing someone of spying on you is not illegal.
I work for a County Government and received a pro motion to another office; this would be my 3rd promotion within a year. The first office I worked in was the Auditor, then to Social Servics. At Soc Svcs I printed EBT cards and benefit checks; the old check printer went crazy one day and repeated the check printing batch 3 times. Way out of my control and IT said glitch in system. Then we went to a new “virtual” system that again, had program printing issues that I was able to show my boss. The Auditors office kept blaming me and when I received my 3rd promotion, the auditor himself and his accounting supervisor went to the dept elected official and told him to not hire me and that I was incompetent. The Supervisor still makes comments about me to my new supervisor who feeds on it. My new boss hold me they did this and said he told them he did not request their unsolicited opinion. Do I have a case?
What state and county did you work for the Auditor?
My employer is part of a larger corporation (ad agency conglomerate) that spans the globe with over 2000 locations. Up until 2 weeks ago I had a spotless, stellar employment report. My employer recently wrote me up on my employee report – for what was actually a very minor infraction (slightly heated disagreement with a coworker client) – that has now labeled (libeled?) me as “ticking time bomb” and “scary to work around” (that my behavior was scaring people). All of this is false. As well my suspicions are that this could be retalitory in nature (inner corporate).
Most important to me however is that this incident is now in my employee record – that is/could be shared within the corporation – and should I wish to ever transfer to another agency that I am now marked. my reputation at risk.
How can I fight this? How can I get this mark removed?
Thanks for the feedback in advance.
Any update on this situation? Did you have a claim? Please advise, I experienced the same
Do temporary workers have any rights? I work for an agency I have been working for the same company for months now i did everything that was required of me and a lot more I never stood around talking I always found something to do the job could have been the perfect job except for one thing a lead man who I’m gonna name Manny he is a loud ,rude ,disrespectful a bullie I put up with late breaks late lunches harrasment constant yelling being blamed for mistakes that i had nothing to do with miserable.I put up with it because I needed the job the supervisor would tell me that the company was a great place to work at giving me hints that he would hire me. He liked the way I worked but he spent a lot of time in his office and not enough time to see what was going on but every man eventually reaches a breaking point the last day I worked I finally stood up to the bullie and told him to stop yelling at me to stop treating me like a child to stop blaming me for everything to stop harassing me I was upset so I went and I told the supervisor and he fired me I was broken he rather let me go than to put up with Manny constant bickering of why I was still there a co worker told me that would happen and it did I was hurt I gave that company 110% I did everything I was asked to do I put up with so mush and just like that it was over.them I put myself in the availability list for work but they are not calling me I’m thinking why I know there’s work because I see it on line what’s going on them I think back.the employees at the company said that they had a lot of temps worked there but they didn’t or they were fired me I had been there a few months already what would he say about me to save face I was a good worker always on time but in not being called for work. so I knew he had to ofsaid something. weeks go by still nothing I loos my apartment I’m behind on all my bills so I finally get a phone call and the message goes out to the people available to work who have experience with a sit down forklift so I called so I went but it turned out they wanted someone that could fly a forklift so after the second day my job was over.but I’m thinking at least my foot is in the door so I put myself back on the availability list so I get a call and the lady tells me that there’s a job but it’s only for four days but I need to stop by the office for some paper work I’m thinking i dont bave that mush gas so i will go in the be the is neer the agency but I’m thinking he could have said that I was on drugs and and maybe she things she’s going to trap me.but I’ve tested before and they told me to come and test straight out and I did so. I show up in the morning and there was no paper work but she gave me the answer I was looking for. she lied and said that all forklift jobs required a drug test I knew she was lieying i guess she didn’t know that I had been working a different forklift job the day before and nobody asked me to test. What she did was that she gave away what the supervisor had said about me and she was going to prove it.i was furious I got up got in my car and I was on my way to pay that supervisor a visit I was upset it wasn’t enough to fire me because he had no backbone to put up with one of his employees he also slandered my name my reputation i use to be proud of my work ethic he took that too. Finally i had to stop myself before I did something stupid. the last thing I need is to go to jail for the person that ruined my life.
Hello, a colleague of mine (Fred) is a teacher. His principal ‘invited’ him to participate in a meeting in which students who participate in the Gay-Straight Alliance (a school club) wanted to read a letter that the principal claimed shared the groups feelings. Fred was also told that there would be no discussion after the meeting. So Fred went to this meeting. When he got there he was the only teacher who had been ‘invited’. The letter fron the GSA was addressed specifically, and only, to Fred. The GSA student letter accused Fred of being “disrespectful by using the student’s dead name” of “purposefully and in jest misgendering a student”, of “not giving trigger warnings” and of “treating students with anger and humiliation daily”. The students called Fred “atrocious”. The students did not offer one example of when Fred behaved in any manner they accused him of. Because Fred was told there would be no discussion, he requested a copy of the letter and left the meeting. Fred later found out that the group stayed after he left and engaged in a dialogue. My question is: since the accusations made by the GSA students are false (no evidence), were made in writing (libel) and in a public venue (students and other adults present) can Fred sue either the principal or the school district for libel and/or defamation? Thank you for your time. I look forward to your replay.
Question, my husband’s ex-wife has contacted my employer and indicated in writing that I should be “spoken to,” reprimanded for what she calls a HIPPA violation, incorrectly. She is cjearly not aware of the HIPPA regulations and so forth. Isn’t my real employer required to not only protect my privacy as an employee but also prevent this type of harassment? And do I have a case for defamation of character and harassment
if you reported illegal activity occurring in the workplace to the appropriate chain of command, is that considered defamation if it was in writing or is that “protected” legally?
Lets say you terminate someone then they go and sue the company for whatever reasons given, your name is involved and in the lawsuit is a bunch of lies about you and personally attacking you with words. Now lets say that your company settles and this person in a way wins but you as an employee are still personally attacked in this and technically the company you are working for agreed with this ex employee
.
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.
In Los Angeles, CA Area.
Thanks
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 dencapiche@yahoo.com Thanks, Dennis
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
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
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?
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.
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.
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.
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.
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?
“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.
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 ?
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?
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/
so use the media and plaster the crap out of what occured and show people that this is Unacceptable.
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?
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.
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!
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?
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.