False claims of physical assault in workplace

[larrylong]

What is the name of your state (only U.S. law)? New Jersey

Here is the deal. Man and woman had a mutual relationship at work that ended badly. Man was accused of creating a hostile work environment with words at the end of the relationship and admitted to his wrongdoing. Investigation was conducted by employer, man lost his job. Woman did not because man did not divulge any information about the women's violations of company policy. He wanted it that way.

Relationship continues after the man was terminated even though when at work woman was part of the claim of hostile work environment. Woman decides that she wants to finally end the relationship and does so by filing an order with the police department claiming harassment. In the claim the woman states that she was physically assaulted at her job by the man even though that never happened and was not the reason for termination. In addition, other work related incidents were listed in the complaint that were false and were never proven at the workplace. The workplace is non-government and publically traded.

Question - Is the alleged victim allowed to take this closed workplace matter to the police 10 months after the fact when there was zero evidence or even accusation that it occurred? The man agreed to what he did (all non-physical), received severance and the matter was closed. Since she is still a representative of the company is the company now liable for this false claim since they investigated the incident and dismissed it? Is she even allowed to discuss the incident in public as a way to defame the person accused? Would this be considered defamation by the accuser and the company she represents?

thank you.

 

[LdiJ]

What is the name of your state (only U.S. law)? New Jersey

Here is the deal. Man and woman had a mutual relationship at work that ended badly. Man was accused of creating a hostile work environment with words at the end of the relationship and admitted to his wrongdoing. Investigation was conducted by employer, man lost his job. Woman did not because man did not divulge any information about the women's violations of company policy. He wanted it that way.

Relationship continues after the man was terminated even though when at work woman was part of the claim of hostile work environment. Woman decides that she wants to finally end the relationship and does so by filing an order with the police department claiming harassment. In the claim the woman states that she was physically assaulted at her job by the man even though that never happened and was not the reason for termination. In addition, other work related incidents were listed in the complaint that were false and were never proven at the workplace. The workplace is non-government and publically traded.

Question - Is the alleged victim allowed to take this closed workplace matter to the police 10 months after the fact when there was zero evidence or even accusation that it occurred? The man agreed to what he did (all non-physical), received severance and the matter was closed. Since she is still a representative of the company is the company now liable for this false claim since they investigated the incident and dismissed it? Is she even allowed to discuss the incident in public as a way to defame the person accused? Would this be considered defamation by the accuser and the company she represents?

thank you.

The company would not have any liability at all. The woman might, however at this point there is no defamation because the man does not yet have any damages.

Just because it is a closed matter with the company doesn't make it a closed matter in the legal system.

 

[Zigner]

The company would not have any liability at all. The woman might, however at this point there is no defamation because the man does not yet have any damages.

Just because it is a closed matter with the company doesn't make it a closed matter in the legal system.

There is no defamation based on reporting a(n alleged) crime to the police.

 

[larrylong]

The company would not have any liability at all. The woman might, however at this point there is no defamation because the man does not yet have any damages.

Just because it is a closed matter with the company doesn't make it a closed matter in the legal system.

I assume the woman would need to prove these allegations before a judge. When she cannot prove them how can the man clear the damage done to his reputation (small town, etc.).

 

[LdiJ]

I assume the woman would need to prove these allegations before a judge. When she cannot prove them how can the man clear the damage done to his reputation (small town, etc.).

Small town as in every little court matter gets reported in the local newspaper, or small town due to gossip?

Also, assuming that you are a third party to the case (not the man involved) you don't really know what happened. You are assuming that the woman willingly continued the relationship for a short period of time after claiming a hostile work environment. A judge is not very likely to believe that without hard evidence.

 

[larrylong]

Small town as in every little court matter gets reported in the local newspaper, or small town due to gossip?

Also, assuming that you are a third party to the case (not the man involved) you don't really know what happened. You are assuming that the woman willingly continued the relationship for a short period of time after claiming a hostile work environment. A judge is not very likely to believe that without hard evidence.

This is a small town situation. The police know the accused and submitted the order to him. When it comes to proof, the accused can prove that the relationship continued (pictures, email communications, text messages, phone records, etc.). He has gathered all this information but once again, its not as much about the relationship as much as it is the false claim of physical assault. I gather the judge will ask the alleged victim to provide proof of this incident and when she cannot it will be dismissed.

 

[TigerD]

Having lived in far too many small towns I can assure you that no matter what the reports are, some people will believe them, some people won't, and everybody will think you both are idiots (nice phrasing).

When your personal life gets so out of control that it becomes news, it is your fault - whether she filed and lied or you did. Your best course of action is to hire an attorney and fight the TRO to prevent a full order from being entered. Then have nothing to do with her. Moving would not be a bad idea.

DC

 

[Proserpina]

This is a small town situation. The police know the accused and submitted the order to him. When it comes to proof, the accused can prove that the relationship continued (pictures, email communications, text messages, phone records, etc.). He has gathered all this information but once again, its not as much about the relationship as much as it is the false claim of physical assault. I gather the judge will ask the alleged victim to provide proof of this incident and when she cannot it will be dismissed.

You need to understand that even if the court rules against her, defamation is not necessarily present (in fact, it's rarely present).

Just as "not guilty" does not equate to "innocent".

 

[quincy]

What is the name of your state (only U.S. law)? New Jersey

... Question - Is the alleged victim allowed to take this closed workplace matter to the police 10 months after the fact when there was zero evidence or even accusation that it occurred? The man agreed to what he did (all non-physical), received severance and the matter was closed. Since she is still a representative of the company is the company now liable for this false claim since they investigated the incident and dismissed it? Is she even allowed to discuss the incident in public as a way to defame the person accused? Would this be considered defamation by the accuser and the company she represents? ...

Was there a confidentiality agreement that went along with the severance package the man received, and that all of the parties to the workplace matter were bound by?

No one can discuss an incident in public by telling falsehoods about the incident and the person/people involved, without risk of a defamation suit. If there is no confidentiality agreement in place, however, the woman involved could say that the man agreed to whatever it was he agreed to, that resulted in the closure of the workplace matter and the man receiving severance. That would be true and truthful statements are not defamatory.

The woman can file a complaint with the police about alleged incidents without too much risk of a defamation suit, even if a police investigation were to find the allegations unfounded and the complaint without merit. A qualified privilege attaches to reports to the police that provides an immunity from defamation claims for reporters of crimes or suspected crimes (although the immunity is not an absolute one and can be lost with a showing of actual malice).

The elements of defamation that must be met in New Jersey for a suit to be actionable are: 1. A false statement is communicated that is not absolutely privileged; 2. The statement is communicated to a third party with negligence or actual malice; 3. The statement is defamatory; 4. The statement is made about an identified or identifiable person; 5. The statement results in damages, demonstrated through a loss suffered (economic) or because what was communicated was per se defamation (with reputational injury presumed).

There is a one year statute of limitations placed on the filing of a defamation claim, dating from the time of first publication of the defamatory statement(s).

A defamation suit can bring more attention to a matter that would otherwise be forgotten or shrugged-off by those who knew about it originally, and it can bring attention to the matter to those who had no knowledge of it originally, essentially creating the possibility of greater reputational harm. Defamation suits should never be pursued without careful consideration into the costs of such an action - both personally and financially. If you feel you have been defamed, you should consult with an attorney in your area for a review of the facts.

 

[larrylong]

Was there a confidentiality agreement that went along with the severance package the man received, and that all of the parties to the workplace matter were bound by?

No one can discuss an incident in public by telling falsehoods about the incident and the person/people involved, without risk of a defamation suit. If there is no confidentiality agreement in place, however, the woman involved could say that the man agreed to whatever it was he agreed to, that resulted in the closure of the workplace matter and the man receiving severance. That would be true and truthful statements are not defamatory.

The woman can file a complaint with the police about alleged incidents without too much risk of a defamation suit, even if a police investigation were to find the allegations unfounded and the complaint without merit. A qualified privilege attaches to reports to the police that provides an immunity from defamation claims for reporters of crimes or suspected crimes (although the immunity is not an absolute one and can be lost with a showing of actual malice).

The elements of defamation that must be met in New Jersey for a suit to be actionable are: 1. A false statement is communicated that is not absolutely privileged; 2. The statement is communicated to a third party with negligence or actual malice; 3. The statement is defamatory; 4. The statement is made about an identified or identifiable person; 5. The statement results in damages, demonstrated through a loss suffered (economic) or because what was communicated was per se defamation (with reputational injury presumed).

There is a one year statute of limitations placed on the filing of a defamation claim, dating from the time of first publication of the defamatory statement(s).

A defamation suit can bring more attention to a matter that would otherwise be forgotten or shrugged-off by those who knew about it originally, and it can bring attention to the matter to those who had no knowledge of it originally, essentially creating the possibility of greater reputational harm. Defamation suits should never be pursued without careful consideration into the costs of such an action - both personally and financially. If you feel you have been defamed, you should consult with an attorney in your area for a review of the facts.

Issue resolved. Court dismissed the case based on lack of evidence, credibility. I find it ridiculous that anyone can make a civil claim anytime they want, even if it isn't based in fact and have no repercussions. I didn't know about the 1 year claim, thought it was 6 months. Thank you.

 

[quincy]

Issue resolved. Court dismissed the case based on lack of evidence, credibility. I find it ridiculous that anyone can make a civil claim anytime they want, even if it isn't based in fact and have no repercussions. I didn't know about the 1 year claim, thought it was 6 months. Thank you.

It is nice to hear the issue is resolved.

Meritless cases can generally be disposed of rather quickly, but they still disrupt lives. I agree that it is ridiculous - and sad - that claims can be filed by anyone against anyone else for pretty much any reason at all. That said, legal actions are threatened more often than they are pursued, probably because of the costs involved.

I suggest you stay far away from this woman from now on, even if she tries to initiate contact. Good luck.

 

[TigerD]

Meritless cases can generally be disposed of rather quickly, but they still disrupt lives. I agree that it is ridiculous - and sad - that claims can be filed by anyone against anyone else for pretty much any reason at all. That said, legal actions are threatened more often than they are pursued, probably because of the costs involved.
.

That's why I think we should adopt the British system - loser pays.

DC

 

[quincy]

That's why I think we should adopt the British system - loser pays.

DC

That is the way it is with anti-SLAPPs. It seems reasonable to think that such a motion could be expanded to include other suits, to allow for quick dismissal and recovery of costs.

 

[larrylong]

It is nice to hear the issue is resolved.

Meritless cases can generally be disposed of rather quickly, but they still disrupt lives. I agree that it is ridiculous - and sad - that claims can be filed by anyone against anyone else for pretty much any reason at all. That said, legal actions are threatened more often than they are pursued, probably because of the costs involved.

I suggest you stay far away from this woman from now on, even if she tries to initiate contact. Good luck.

Taking a closer look at the order of dismissal it states the following:

The original complaint is dismissed (and lists the date the complaint was filed)
and
The TRO that was issued on the date of the complaint is vacated

So I call the courthouse and ask about whether this is permanently tied to my name, and they said yes! How can that be!!?? She filed a false complaint, lied under oath, was called out for lying.....but I still pay the price?

Now that I have this piece of paper in my hand, can I sue her for damages in civil court? will this case be retried in this forum or will I just need to prove that she caused damage to me, my reputation, etc.. I dont want any money, even if awarded I will donate it to charity. I just want the truth.

 

[quincy]

Taking a closer look at the order of dismissal it states the following:

The original complaint is dismissed (and lists the date the complaint was filed)
and
The TRO that was issued on the date of the complaint is vacated

So I call the courthouse and ask about whether this is permanently tied to my name, and they said yes! How can that be!!?? She filed a false complaint, lied under oath, was called out for lying.....but I still pay the price?

Now that I have this piece of paper in my hand, can I sue her for damages in civil court? will this case be retried in this forum or will I just need to prove that she caused damage to me, my reputation, etc.. I dont want any money, even if awarded I will donate it to charity. I just want the truth.

You can petition the court for an expungement. You will file your petition in the county where the complaint against you was heard and dismissed.

Following is a link that provides information on the process involved, written by Legal Services of New Jersey: http://www.lsnjlaw.org/publications/pages/manuals/cyr.pdf

Good luck.