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Defamation

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truthseeker2828

Junior Member
What is the name of your state? California

I'm not sure if this is the correct forum for this question, but I hope you can assist me. I recently resigned from my place of employment. And prior to leaving my firm, I found an email sent from my employer to a client making numerous false claims. Basically, a client expressed displeasure on how their account was being handled and the lack of service that was provided to them. The Account Manager on the account is my boss. It is his account and he handles all the communication and process for this account. However, the answer he provided to the client in an email claims :

1. I was given the responsibilities on this account and have not perform to par.
2. That my husband was "diagnosed with a disease" and because of such my peformance has suffered.
3. As a consequence, he implied that I was being let go, when in reality I had resigned.

Part of the reason for my resignation is because of similar such as this that makes me realize he is not the person I would want to work under. However, this is the first time I've come across something written about me. In presence, he praises me and behind my back he uses me as a scapegoat for his own lack of performance.

I decided to confront him and he openly admitted that he was using me as a scapegoat. And that since, I had resigned it "naturally made sense to place the blame on me." And claims, "What would be the difference anyway? You won't be working with that client when you leave."

It was hard, but I felt the need to address him, and I'm proud of standing up to him. Now that I am gone, a fellow coworker tells me that she often hears him on the phone telling clients, industry peers and god knows who what a horrible employee I was at the firm. He also makes false accusations claiming that because of my lack of performance I have lost accounts for the firm. I can get testimony from fellow peers validating that he was the only one who worked on the accounts that I had supposedly lost for him.

Here's the tricky part. I've recently acquire a position with another office within the same building who has witnessed my work ethics and is excited to have me on their team. So, there are good chances that I may run into my old employer in the hall. My two questions are:

1. Are there any defenses against his defamation? I was okay just leaving and having said my peace, however, he seems to want to run me into the ground. I want him to stop making false statements, especially since I have not made any nasty comments about him. (I'm too professional to stoop to his level.)

2.Can I accuse him of harrassement if he tries to intimidate me when we pass each other in the hall? (Understanding his character, I'm sure he will have words to spew at me.)

Sorry for the long details, but I appreciate any information or insight you can provide. Please let me know if I can clarify any statments I made above. Thank you.
 


cbg

I'm a Northern Girl
1.) There are three elements that have to be met for a defamation claim:

a.) That the statements in question be KNOWINGLY FALSE (as opposed to an honestly held but negative opinion, a misunderstanding, someone jumping to incorrect conclusions)
b.) That the false statements be broadcast to an audience
c.) That you have suffered damages as the law sees damages

The burden of proof is on you to prove the above.

From what you have said, I think the only one you would be able to prove is b. It might be difficult for you to prove that he is not simply stating his opinion. You might possibly be able to prove that he is mistaken, but being mistaken won't give you a defamation claim. And nothing you have posted suggests that you have suffered damages.

2.) What you describe is not illegal harassment.
 

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