Is this slander, libel, discrimination, or nothing?

[mnstuebs]

What is the name of your state? Wisconsin
My husband was formerly employed at The Home Depot. He worked there for 8 1/2 years the last 4 as an Assistant Store Manager. He worked first at Rockford, IL then got transferred to Gurnee, IL and then to Racine, WI. In the two years that the Racine store was open it went through 3 store managers, two of which were demoted for associating with female employee (in other words screwing around). My husband two weeks before he was fired called the district manager to report to him that the new store manager was rude to employees and customers, never told them anything about the work that needed to be done and so on... Two weeks later the store manager and district manager fired my husband for failing an SPR audit. No notice. This is not in dispute as he did fail this audit, however, we have many friends and family still working for Home Depot and they say that many managers have failed this audit several times and their job is not in jeopardy. We also found out later that the store manager and district manager were good friends. So we feel that he was fired as retaliation for complaining about the store managers conduct. Is this discrimination? or something else? This was over a year ago that he was fired and has since then gotten a new job. Now, we recently found out that this same district manager was speaking to my husband's current store manager at his new job telling her what a piece of crap my husband was and then he also called another store manager at Home Depot to brag about talking to my husbands current employer. These remarks are absolutely wrong, as many hundreds of co-workers as well as other supervisors would testify to. We also think that this district manager is doing this purposely to ruin my husbands career. My husband has been interviewing for jobs recently looking to work closer to home and has been on many interviews to have the interviews go great and then to be told he didn't get the job. We fear that this manager and district manager is saying untrue things about my husbands employment at the HOme Depot. Is there any way to prove is and is this and illegal action in any manner? We also fear for his employment at his current job will be affected by the remarks made by this district manager.

 

[cbg]

Was firing your husband because he complained illegal discrimination? No, not unless he was fired and others who complained not, BECAUSE OF his race, religion, national origin, gender, disability, or because he is over 40. Even if it was, if this happened a year ago you're past the window when you can file a complaint. Was it something else? Not something else illegal.

Is making unpleasant remarks about him to the other manager illegal? That depends. As things stand now, no. There is nothing illegal about expressing his opinion; it's called free speech and is protected by the First Amendment. IF your husband loses his job and it can be DIRECTLY linked to these comments, then MAYBE he might have a legal case. It would depend upon EXACTLY what was said and in what context; it might also depend on issues like whether he called up the other manager for the specific purpose of bad-mouthing your husband or whether they were talking anyway and it came up in context.

If it should turn out that they are giving an unfavorable reference, is that illegal? Again, it depends on EXACTLY what was said. They are allowed to say anything they want that is true or their honest opinion. So they CAN say he was fired when he failed the audit because that is true. They CAN say they didn't like his management style because that is an opinion. (It is not necessary for your husband to agree with their opinion for it to be legal.) They CAN'T say that they fired him for stealing because they didn't.

 

[mnstuebs]

Thank you for your prompt reply. We figured the firing would not be illegal. However, we did find out what exactly the district manager has said to my husbands current employer. He said that he fired my husband because he was always late. HOwever, that is NOT true and it is stated on his slip of paper that he is fired for poor job performance, failing a SPR audit. NOt for absenteeism. And if this causes my husband to lose his current job, that would be damages? And the remark about him being always late slander? Because it is stated on his termination papers the exact reason for his termination. Am I correct in my thinking? The only problem with that is the termination paper work is the only thing proving that my husband was fired for that specific reason. Because he was a salaried individual there is no record of tardiness or absenteeism. Is that to our benefit or to the employers? Thank you for your time.

 

[cbg]

IF your husband loses his job AND you can show that the SOLE reason he lost his job is because of that comment, yes, you can sue him. I will be EXTREMELY surprised if that happens. Most employers are really not standing by waiting for excuses to fire people.

No, it is not slander. Not yet, anyway. There has to have been damages for it to be slander.