Slenderized by former employer

[mirandam82]

Slanderized by former employer

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



My boyfriend and I worked for the same small business until a few days ago. I received a text message from the employer saying we were both fired for "too many things to list, things missing from inventory, we can't put up with it" when I asked what was missing and what was going on the only response I got was "STEALING" she retracted that comment a few days later and then accused us again of stealing. We have not stolen anything. We have filed for unemployment and are currently seeking new work but have received phone calls from customers that we know wanting to know what happened. I was told by a few that they went to the shop and asked when my next shift was and were told "they were both fired because they are nothing but thieves" apparently they also threw in some unkind names for us. I am wondering what kind of action I can take.

 

[Antigone*]

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

My boyfriend and I worked for the same small business until a few days ago. I received a text message from the employer saying we were both fired for "too many things to list, things missing from inventory, we can't put up with it" when I asked what was missing and what was going on the only response I got was "STEALING" she retracted that comment a few days later and then accused us again of stealing. We have not stolen anything. We have filed for unemployment and are currently seeking new work but have received phone calls from customers that we know wanting to know what happened. I was told by a few that they went to the shop and asked when my next shift was and were told "they were both fired because they are nothing but thieves" apparently they also threw in some unkind names for us. I am wondering what kind of action I can take.

So how much are you willing to spend on an attorney?

I wish my employer could slenderize (sic) me. I could stand to lose a few pounds.

 

[mirandam82]

Attorney fees are not really an issue. I'm wondering if I have any kind of a case against them. I have saved all texts and conversations with the customers who were told that we were "thieves". I need to know what action can be taken and what all I need to win the case.

 

[Silverplum]

Attorney fees are not really an issue.

Unless you just won a really large lottery, they are going to be an issue. It's completely unrealistic to state that they will not be an issue.

I'm wondering if I have any kind of a case against them. I have saved all texts and conversations with the customers who were told that we were "thieves". I need to know what action can be taken and what all I need to win the case.

Go see an attorney and show him/her everything you've got and see what s/he says. (Ask about fees, also. )

 

[ESteele]

Your largest challenge may be that your former employer is indeed a small business. If you formerly worked for a large corporation and/or an individual earning millions of dollars of revenue, then it may be worthwhile for an attorney to take up your defamation banner on a contingency basis.

While you may not have the practical basis for filing a lawsuit, it does appear that representatives of your former employer are nonetheless defaming the two of you. If at all possible, you may want to retain an attorney, at a minimum, to write a “cease and desist” letter to your former employer. (Such a letter should not involve more than 2 to 4 hours of an attorney’s time, if he or she charges you an hourly rate for this type of project.) A firmly written cease and desist letter would likely cause these disparaging false accusations to stop.

 

[startedone]

How much did they say you stole? It matters

 

[mirandam82]

How much did they say you stole? It matters

They will not tell me what was supposedly stolen. I believe the whole "stealing" thing was devised to try and keep us from qualifying for unemployment. I think they really terminated us because we were the highest paid employees and they found a few new people to work for minimum wage.

 

[swalsh411]

They can't just claim you stole and get your unemployment denied. They need to produce evidence of the alleged misconduct. If you're worried that their mere claim of theft will mean you won't get unemployment you can stop worrying.

 

[startedone]

They will not tell me what was supposedly stolen. I believe the whole "stealing" thing was devised to try and keep us from qualifying for unemployment. I think they really terminated us because we were the highest paid employees and they found a few new people to work for minimum wage.

Well if you don't know what they told other people then you would need to prove actual damages resulting from their speech. ie someone saying they did not hire you because of it ... etc

 

[eerelations]

Attorney fees are not really an issue.

Really? You have $30,000 or more just lying around waiting to be spent?

 

[CSO286]

Hey!!! I want to be SLENDERIZED by my employer!!!

Sign me up!!!

 

[commentator]

I think I'd hold off on any sort of threats or worries about having a slander case until my unemployment insurance was actually approved or denied, with all the appeals complete. Because if the employers have any desire to stop your unemployment insurance benefits, they'll have to show some pretty valid proof that you did steal something. Video tape would be ideal, inventory receipts, testimony, all acceptable. They can't, as someone else said, just announce that you were fired for stealing or that you're thieves and cause your benefits to be denied.

But you cannot sue someone for what they say in an unemployment hearing. In this situation it is accepted that if they say one thing, and you say the opposite, one (or both) of you is probably lying. It is no fault, but if you are presented with pretty good evidence they have against you, you're certainly not going to want to spent big big money to defend your honor and prove damages. (And incidentally, not being able to draw unemployment insurance is not going to be considered damages!)

Get over your indignation until the unemployment insurance issue is resolved.