defamation of character

[defamation]

What is the name of your state (only U.S. law)? Delaware
I was fired from my job of nine years. I was told by unemployment that I was fired because I was accused of threatening my supervisors life and of wanting to kill myself. I was denied unemployment based on that accusation. I demanded a hearing and unemployment set the date. I got on the phone with unemployment and waited for my employer to get on the phone to begin the hearing. THEY never responded. I was given unemployment, but the stigma of the accusation is following me. I fear to apply to a job and this follow me. It is an untrue and unfounded accusation that cost me great hardship and financial hardship. I need to know my rights now that they did not back up the accusations with the state unemployment office. How can you help I know I have a case. Thank you in advance.

 

[defamation]

What is the name of your state (only U.S. law)? Delaware
I was fired from my job of nine years. I was told by unemployment that I was fired because I was accused of threatening my supervisors life and of wanting to kill myself. I was also told that a number of co workers signed statements to that effect. I was denied unemployment based on that accusation. I demanded a hearing and unemployment set the date. I got on the phone with unemployment and waited for my employer to get on the phone to begin the hearing. THEY never responded. I was given unemployment, but the stigma of the accusation is following me. I fear to apply to a job and this follow me. It is an untrue and unfounded accusation that cost me great hardship and financial hardship. I rented an apartment with a roomate so that we can split the bills. I have not been able to meet my obligations. I am in jeopardy of loosing my vehicle. I need to know my rights now that they did not back up the accusations with the state unemployment office. How can you help I know I have a case. Thank you in advance.

There has to be a law that protects persons from being defamated. This follows you around for a long time and what hurts the most. IT IS NOT TRUE!!

 

[quincy]

There is no law that protects people from being defamed, but there is a law that holds a person liable for defaming another, and it is a tort called defamation.

Defamation is the making of a false statement to a "third" person that causes injury to a reputation. Damages can be awarded based on this injury.

How has the "stigma of the accusation" made by your former employer affected your reputation to this point?

You lost your job because the employer let you go for reasons true or untrue (and your employer is entitled to let you go for reasons true or untrue, or for no reason at all), but you are now receiving unemployment. Your employer's comments did not, ultimately, affect your collecting of unemployment.

But did your former employer tell others besides the unemployment office that you threatened to kill him? Have you been denied any employment due to these accusations being passed on from your former employer to any potential employer?

The best way to determine if you have any potentially successful defamation action you can pursue against your former employer is to consult with an attorney in your area and go over all of the facts of your situation - the facts surrounding your dismissal, what exactly was said to the unemployment office by your former employer, the reasons cited for the original denial of unemployment benefits, and all that has happened since your dismissal that is related to the false accusations made.

Generally in a situation such as yours, the reputational injury will occur when the former employer repeats false accusations to a potential employer, who in turn refuses to hire you. Whether you can demonstrate injury enough to support an action would be a question to ask the attorney you contact.

Good luck.

 

[commentator]

It is apparent the employer had some fairly valid documentation, or your unemployment would not have been denied initially. Is it that perhaps this incident of you threatening your supervisor's life that did not happen took place in front of several witnesses?

The reason they did not contest the unemployment appeal may have been that they feel more comfortable having let you go, and that they decided not to contest the claim to avoid enraging you further. You get your unemployment, they get you to leave quietly.

That said, what benefit would it be to you if you sue someone for what they said about you in an unemployment inquiry response? This was information like that presented in court testimony or to a governmental agency, it is not for public consumption or access, (in other words, the National Perspirer or a potential employer could not go in and read this information )and as I said, it sounds as though they may have had some sort of fairly convincing evidence of their allegations, or you would have been approved initially.

When you are applying for future jobs, you will have to deal with the circumstances proactively, as to why you left this employer. I would touch very lightly on the "personal conflict" with your supervisor, that you probably will not receive a good reference from them for this reason, but that you were able to receive unemployment benefits after you left them. Most employoers will know that if you were flat fired and did not get approved for unemployment benefits, there was a very good case against you for termination.

 

[defamation]

The reason they did not contest!

it is apparent the employer had some fairly valid documentation, or your unemployment would not have been denied initially. Is it that perhaps this incident of you threatening your supervisor's life that did not happen took place in front of several witnesses?

The reason they did not contest the unemployment appeal may have been that they feel more comfortable having let you go, and that they decided not to contest the claim to avoid enraging you further. You get your unemployment, they get you to leave quietly.

That said, what benefit would it be to you if you sue someone for what they said about you in an unemployment inquiry response? This was information like that presented in court testimony or to a governmental agency, it is not for public consumption or access, (in other words, the national perspirer or a potential employer could not go in and read this information )and as i said, it sounds as though they may have had some sort of fairly convincing evidence of their allegations, or you would have been approved initially.

When you are applying for future jobs, you will have to deal with the circumstances proactively, as to why you left this employer. I would touch very lightly on the "personal conflict" with your supervisor, that you probably will not receive a good reference from them for this reason, but that you were able to receive unemployment benefits after you left them. Most employoers will know that if you were flat fired and did not get approved for unemployment benefits, there was a very good case against you for termination.

the only person who signed the statement: Quit the job 3 weeks ago before the hearing.