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  #1  
Old 05-17-2003, 08:44 PM
willibomb
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Unhappy

defamation of character?


What is the name of your state? Iowa

I am a college student employed as a student officer at my university (iowa state university) and I was Fired and my fellow employees were all questioned with reference to what I may have said to them based on ABSOLUTELY no evidence against me. All of the people involved in the department treat me like a thief with nothing ever to come of the accusations. So my question is, that without a doubt of my innocense, do they have the right to fire me based on hear-say, And since they made these accusations on no evidence do I have the legal means to sue for defamation to my image? This incident has cost me much grief and limited my ability to get other jobs as well as being handled inappropriately.
  #2  
Old 05-20-2003, 12:45 PM
hmmbrdzz
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Re: defamation of character?


Quote:
Originally posted by willibomb
What is the name of your state? Iowa

I am a college student employed as a student officer at my university (iowa state university) and I was Fired and my fellow employees were all questioned with reference to what I may have said to them based on ABSOLUTELY no evidence against me. All of the people involved in the department treat me like a thief with nothing ever to come of the accusations. So my question is, that without a doubt of my innocense, do they have the right to fire me based on hear-say, And since they made these accusations on no evidence do I have the legal means to sue for defamation to my image? This incident has cost me much grief and limited my ability to get other jobs as well as being handled inappropriately.
==================================
Hi Willibomb: Your question would actually be better handled and responded to on the Employment Forum (go to hiring and firing and/or job discrimination). Also -- if you go there -- state exactly who said what about you and and how you are being treating like a thief. Tell more of a story, and give some facts and details. Explain what "evidence" they did have (what was the hearsay?) How was it handled inappropriately?

good luck.

hmmbrdzz
  #3  
Old 05-20-2003, 02:05 PM
cbg cbg is offline
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Join Date: Nov 2001
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Posts: 23,701
I happened on this post totally by accident; hmmbrdzz is right, it really should have been under one of the Employment law forums. It also would have been better to include a few more details.

Here's your answer:

Yes, your employer is entitled to fire you based on hearsay or suspicion. Your employer is not a court of law and does not need absolute proof. They have every right to question your co-workers as to their perception of what happened; how are they supposed to get to the bottom of things, find the proof you believe they ought to have, if they can't talk about it to anyone?

To sue for defamation ALL of the following have to be true:

1.) What was said, must be untrue.
2.) The speaker must KNOW that it is untrue.
3.) It must be said with malice.
4.) It must be broadcast to an audience.
5.) You must have suffered damages as a result.

Please note that as far as number 2 is concerned, that means that if they honestly believe that what they are saying is true, or if they are stating their honest opinion, you do not have a defamation case EVEN IF THEY ARE WRONG. Number 3 means that they must be DELIBERATELY trying to harm you.

Based on the information you have provided so far, your employer has broken no laws and you would not have a legal case.
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