• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Coworker reported false claims to HR. Defamation?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sungjpi

Junior Member
What is the name of your state (only U.S. law)? WA

So this guy seemed to have personal interest in me, and was trying to get me to step outside of the store because he had something to tell me. I coldly rejected that saying why would I have reason to talk to you outside. Some time after that, out of nowhere he started yelling and cursing at me at work, everyone saw it too. After that, he requested to relocate to another store. And then, apparently he made false claims about me to HR. My boss came to me to ask privately whether these claims were true. He did not share exactly what the claims were, but asked me if I, in fact, engaged in any physical intimacy with coworkers outside of workplace. Nonsense. I am happily married, and these false claims are infuriating me. So here is my question: can I press charges on him for defamation? My store has cameras all around, and I'm sure I can find the footage when he was asking me to step outside with him and when he was cursing at me. My boss already told me he would support me finding these proofs.
 


commentator

Senior Member
What would it accomplish? You have, it appears suffered no damages other than indignation and hurt feelings. Your manager seems to have accepted your story, and nothing else had come of it. If you want the matter to go away and be forgotten about, let it die. Start suing co workers, start throwing fits about how you are talked about, and you'll find yourself out of the workplace, and not because of their stories, but because of your actions. Besides, even if you have big bucks and plenty of time to pursue a defamation action, you'd then have to collect on it, and from the sound of things, you neither of you have the big money to spend, and you'd probably never collect anything from him.
 

sungjpi

Junior Member
What would it accomplish? You have, it appears suffered no damages other than indignation and hurt feelings. Your manager seems to have accepted your story, and nothing else had come of it. If you want the matter to go away and be forgotten about, let it die. Start suing co workers, start throwing fits about how you are talked about, and you'll find yourself out of the workplace, and not because of their stories, but because of your actions. Besides, even if you have big bucks and plenty of time to pursue a defamation action, you'd then have to collect on it, and from the sound of things, you neither of you have the big money to spend, and you'd probably never collect anything from him.
Thank you for your reply. I just can't accept that he can do these things with no consequence, because if I am correct, it's not like the company can (or is willing to) make disciplinary action on him. Is there anything that can be done so that he learns his lesson?
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? WA

So this guy seemed to have personal interest in me, and was trying to get me to step outside of the store because he had something to tell me. I coldly rejected that saying why would I have reason to talk to you outside. Some time after that, out of nowhere he started yelling and cursing at me at work, everyone saw it too. After that, he requested to relocate to another store. And then, apparently he made false claims about me to HR. My boss came to me to ask privately whether these claims were true. He did not share exactly what the claims were, but asked me if I, in fact, engaged in any physical intimacy with coworkers outside of workplace. Nonsense. I am happily married, and these false claims are infuriating me. So here is my question: can I press charges on him for defamation? My store has cameras all around, and I'm sure I can find the footage when he was asking me to step outside with him and when he was cursing at me. My boss already told me he would support me finding these proofs.

First things first. Criminal defamation was repealed in WA some years ago.

Next ... well, it's not illegal to be a complete jerk. Or to insult you. Or to spread rumors.

That leaves you with the option of filing a defamation suit. The problem is, defamation suits are inherently costly to litigate; think tens of thousands of dollars and several years wasted. Your private life will become public fodder, and when all's said and done even if you got a judgment against the offender you'd likely never collect.

So the bottom line really is that you have two choices. Find another job, or ignore the idiot and stay put.
 

Dandy Don

Senior Member
Send a memo to your manager that summarizes your understanding of what has occurred and keep a copy for yourself so you will have some type of documentation on record if this employee tries to do something else against you in the future.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top