defamation of character

[defamed]

What is the name of your state? AL

i was a contract employee until my termination this week. an issue arose that caused embarassment to the company i was contracted to and i suppose they felt that someone had to be punished. instead of terminating the person responsible, who was a regular full-time employee, they terminated 2 contract employees. (me and one other person). i had absoulutely nothing to do with the problem that caused the embarassing situation and i can prove it with their own records. my termination came about when they notified the company that i contracted for that i had made this significant error. since there was a third party involved, wouldn't this be considered defamation? i have been employed in my field for 20 years and have never been terminated. i am concerned that this will follow me wherever i try to go. as it is, the company that i contract for is not likely to try to place me anywhere else. what should i do?

 

[hexeliebe]

The company doesn't need a reason to terminate you. And no, you have no case.

 

[defamed]

Thanks for your response.

I'm not sure that I have stated everything correctly, so I would like to rephrase.

I realize that I work in at at-will state and that my contract says I can be terminated at anytime without cause. The problem is that the company that terminated me said that I was terminated "with cause" which is an absolute false-hood that I can prove. Since this false-hood was shared with a third party, i.e. my contracting firm, they have defamed my reputation as an employee that produces quality work.

Now, if I had been terminated because of down-sizing or budget cuts, there wouldn't be a problem with me gaining employment somewhere else. As it is, in future when asked to state my reason for leaving this position, I can't very well say that it was for down-sizing. That would be a lie that could cause me to be terminated for falsifying my application.

 

[hexeliebe]

Since this false-hood was shared with a third party, i.e. my contracting firm, they have defamed my reputation as an employee that produces quality work.

O.K. now please stipulate the exact amount of loss you have incurred as a direct result of this 'defamation'. This can either be in the form of lost contracts (contracts that were offered and then recinded based DIRECTLY on the falsehood) or the Exact amount of money you have lost as a DIRECT result of the falsehood.

As it is, in future when asked to state my reason for leaving this position, I can't very well say that it was for down-sizing.

No you can't, but you can say "That is a matter you will have to discuss with the former employer". And then proceed on to other matters.

You simply have no case.

 

[JETX]

In addition to Hex's correct post that you have no case, presumably, you can clarify the clients 'with cause' statement with your direct employer and remove any 'cloud' that might have arisen.

 

[defamed]

Thanks for your response.

I'm not sure that I have stated everything correctly, so I would like to rephrase.

I realize that I work in at at-will state and that my contract says I can be terminated at anytime without cause. The problem is that the company that terminated me said that I was terminated "with cause" which is an absolute false-hood that I can prove. Since this false-hood was shared with a third party, i.e. my contracting firm, they have defamed my reputation as an employee that produces quality work.

Now, if I had been terminated because of down-sizing or budget cuts, there wouldn't be a problem with me gaining employment somewhere else. As it is, in future when asked to state my reason for leaving this position, I can't very well say that it was for down-sizing. That would be a lie that could cause me to be terminated for falsifying my application.

 

[hexeliebe]

Is this Deja Vu' all over again ?

By the way Jet, the Osprey is the most accurate bomb in the Marine arsenal nowadays. Oh wait, it's an airplane...no bomb...no turkey....Oh well, Jarheads!!!

 

[defamed]

O.K. now please stipulate the exact amount of loss you have incurred as a direct result of this 'defamation'. This can either be in the form of lost contracts (contracts that were offered and then recinded based DIRECTLY on the falsehood) or the Exact amount of money you have lost as a DIRECT result of the falsehood.

As a direct result of this falsehood, I have lost in excess of $20,000.

 

[hexeliebe]

Oh really? In other words, you have had contract offers that were recinded BECAUSE of the falsehoods? You have been pulled off of jobs that you held BECAUSE of the falsehoods?

No, you are probably saying that because of the (supposed) falsehoods, your contracting company is having second thoughts about presenting you to future clients. And that is not a LOSS, that is their right.

You're stretching here and as we've already told you, UNLESS you can prove that the falsehoods are a DIRECT result of you losing money or suffering other damages, you have no case.

For example, you are a contractor and you leave one client to work for another. The first client spreads a rumor that you sole money while in their employ. Your current client, without any search for the truth, fires you. You ask why and your current client says "The people you worked for previous to coming here told me you were a thief".

That is actionable.....your case is not.

 

[defamed]

What I'm saying is that in November of this year, my contract was renewed through the end of March, 2004. The termination of this contract results in lost wages of $20,000 which I would have earned had I remained employed thru the end of my contract period.

But maybe the problem here is that I don't understand the definition of defamation/liable.

My thought on the definition is the spreading of un-truths about someone that results in financial losses. Of course, I don't claim to be an attorney which is why I'm here.

 

[JETX]

No, there is NO problem with our understanding.

The problem here is that you are trying to claim your potential loss of wages as if it were the result of your claim of defamation. They are NOT connected. The employer (or contractor) had the right to terminate your employment (or subcontract) at any time. That was the result of your 'lost' wages.

You now have to PROVE that the conduct by him/her meets defamation (you haven't) and what damages you incurred as a result of the defamation. So, what income did you LOSE as a result of their claim (not termination)??

 

[hexeliebe]

The termination of this contract results in lost wages of $20,000 which I would have earned had I remained employed thru the end of my contract period.

The point is not in the definition of Defamation. It is in the above. You cannot sue for "FUTURE POSSIBLE" wages. You were a contractor. Your contract was not with your client but with the agency that placed you. Therefore, you have suffered no DIRECT loss.

If you want to pay $500 to an attorney down the street, please feel free. But at this point all you'll be doing is throwing money away you could use to find a new contract.

 

[HomeGuru]

Reading this post made me feel dizzy. Ya know, the deja voodoo and all.

 

[qdog112]

O.K. now please stipulate the exact amount of loss you have incurred as a direct result of this 'defamation'. This can either be in the form of lost contracts (contracts that were offered and then recinded based DIRECTLY on the falsehood) or the Exact amount of money you have lost as a DIRECT result of the falsehood.



No you can't, but you can say "That is a matter you will have to discuss with the former employer". And then proceed on to other matters.

You simply have no case.

How do you know he has no case? Who said there had to be actual damages for him to get relief? Ever heard of punitive damages? What about emotional distress, humiliation, loss of reputation associated with defamation? If he can prove they lied and it effected him negatively he may have a case. His case is bollstered if he can prove malice. The key is "prove". I am sure he understands it won't be easy, but to say "no case" is flat wrong!

 

[hexeliebe]

How do you know he has no case?QUOTE]

Years of experience being and hiring consultants in the IT industry, Years studying law and researching relevant case law on the subject and three position papers for the founding committee of the European Union on Employment rights of emerging member nations.

That's how.

Who said there had to be actual damages for him to get relief? Ever heard of punitive damages?![/

You just contradicted yourself junior. And as for who said he had to prove actual damages, well, for one, the court. Punitive damages cannot be awarded until you win a case and can prove malice. In this instance, from the facts stated by the poster, there is no case of anything against the company for whom the work was performed. They are a third party to the issue.

What about emotional distress, humiliation, loss of reputation associated with defamation? If he can prove they lied and it effected him negatively he may have a case.

And this is the biggest pile of horse crap I've yet to hear on this forum. Show me ANY state law anywhere that allows for the recovery of emotional distress, humiliation or loss of reputation in a tort case. You can't because it ain't there.

His case is bollstered if he can prove malice. The key is "prove". I am sure he understands it won't be easy, but to say "no case" is flat wrong

O.K. then you explain to me the relevant law that was broken. The contract that was broken and who broke it. I'll even accept any relevant case law that proves this guy has a 'case' for anything but going out and finding another contract.

And remember, I said relevant. I have been a consultant for 10 years and hired consultants for 14 under the laws of Arkansas, California, Germany, England and Tennessee and I have ended contracts early for one or another reason.

And I have never been sued. So you tell me that the poster has a case and prove it or simply fade into the background. Because frankly you don't know what the hell you're talking about.