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False statements made to my employer

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therogerwilco

Junior Member
What is the name of your state (only U.S. law)?
Cedar Rapids, IA

So here's the story in a nutshell....
I was seeing this woman, and things went south.
I work for a contracting company at company A. She works at company B, who started to work with the same contracting company.
Whether her manager took it upon himself to do so, or she asked him to is unknown, she says she had nothing to do with it, but of course I can't exactly trust her word now, though I don't believe she did have a part in this situation.
Her manager, went to my employer, discussing new positions at company B.
I have never worked for them, nor even met him.
Yesterday, he goes to my employer and says something to the effect of:
"If he comes out here again(company B workplace), I'll call the police.
And you should check to see if he's even at work, I would be surprised if he is"
Now this was said to my manager's account manager, so my boss's boss.
Luckily he asked her to ask me what was going on, or at least give me a heads up.
She asked how many times I had been to my ex's workplace, and in truth, I was only ever there once, to take her credit card to her, that she left at my residence.
And also his statment of me not being present at work, was also untrue, nor have I ever left work for any reason relating to my ex.

I'm wondering if any sort of legal action should be taken, because if for some unforseen reason he would say something like that again, since company B is a new client of my contracting company, I wouldn't be surprised if they would consider "keeping them happy" as being more important than my measly employment...
Not to mention I cannot believe these statements were said about me, and I can only hope my reputation with this company has not been too severly tarnished.


For the record as well, if my ex was involved, she has not given me the hint of that, but also, the day in question, that evening was the last night of a bowling league, in which myself AND my ex, are on the same team.
So we did go bowling together, and there was no desire from her, for me to not be present. I did verify that before the evening, because of this situation.

Thanks to any and all who may have some sort of advice.
 


eerelations

Senior Member
You can't sue until you've sustained actual, quantifiable monetary damages as a result of what was said about you.
 

therogerwilco

Junior Member
Do I need to do anything right now though~

I looked around a bit on the net yesterday and was wondering if as of right now, or even if this happened again, without loss of my employment, if this qualified as defacement of character or the like?
I saw the first step in those cases is a cease and decist letter, and was wondering if a similar step should be taken in this case as a preventative measure.

Thanks again! :)
 

eerelations

Senior Member
Again, you can't sue until you've sustained actual, quantifiable monetary damages as a result of what was said about you.

You can have an attorney send a "cease and desist" letter, however, this will cost you some money, and the people receiving the letter will not be legally required to comply. If they don't comply, you can't do anything about that until you've sustained actual, quantifiable monetary damages as a direct result of their non-compliance.
 

quincy

Senior Member
There does NOT need to be "actual, quantifiable monetary damages" in a defamation action!! I sure wish that this misinformation would stop being posted. It is just not true in most states for a defamation action.

In Schlegel v Ottumwa Courier (1998), the Iowa Supreme Court quoted the U.S. Supreme Court's Gertz v Robert Welch Inc (1974), when it said: "Suffice it to say that actual injury is not limited to out-of-pocket loss. Indeed, the more customary types of actual harm inflicted by a defamatory falsehood include impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering." (the bolding is mine)

Iowa recognizes both defamation per se and defamation by implication. If the statements made by the manager at Company B impugned your honesty or fitness or ethical or moral standards personally or in your job, then that would be defamatory. With defamation per se, no proof of malice, falsity OR DAMAGE needs to be demonstrated, as injury is presumed.

The area where the manager may have a defense, however, is under Section 91B2 of the Iowa Code, which provides qualified immunity when statements are made on the part of the speaker to protect his/her interest in a matter in which he/she is concerned, and when the statements made are made in good faith and held to be truthful.

I would speak with an Iowa attorney and present the situation to him/her. I agree with eerelations that a cease and desist letter from the attorney may be enough to provide some damage-control and protect your position with Company A.
 

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