denied employment/defamation/police abuse of official capacity/discrimination

[stacyw123]

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

I have applied for a position with a police agency and have passed all required tests and the Review Board, but was not invited for final interview with the Chief. I was curious to know where did I fail, so I did request my background investigation packet and found out that the background investigating officer have wrote completely false report about me - twisting my words, making up statements and facts, portraying me in a very wrong and inaccurate way, claiming things that have never happened and deliberately defaming my character. (For instance, the report states that all my personal references have been contacted, when in fact none of them was; the report states that I said I can't furnish my High School diploma, when in fact it is attached to my file; the report claims i refused to provide some information, when in fact, i responded in detail to every question I was asked; and those are only few of the inaccuracies of the report...). I wrote a Letter of Appeal to the Chief and Internal Affairs, in which I have outline every detail of the report, and I was told that they will look into my concerns. All I wanted was to be given a chance to meet with the Chief and clarify the inaccuracies and for the false report to be taken off my record, since it seriously hinders my chances for employment in any other agency. I followed up twice, and two weeks ago I was told they should have an answer for me...last week...I intend to follow up again the beginning of next week. I did consult a lawyer, but unfortunately I can't afford the retainer. This report seriously damages my reputation and the name I have worked so hard for and robs me from my right to pursue my dreams. I have no way to know the real reason the officer wrote such a false report, but based on the way the phone interview was handled (the multiple mentioning of my accent as possible barrier to fulfilling my duties; questions like if I am sure I could understand people talking; multiple questions about my ethnicity and so on), I have reason to believe that one of the reasons the officer expressed such negative attitude towards me was my foreign heritage.

My questions: Can I sue the officer for defamation? How long should I wait for response from the Department before contacting EEOC or taking any other steps? What are my best options?

 

[tranquility]

Your only option is to sue for defamation. You will need to hire an attorney on your own. The EEOC is not going to help you . Your best option is to wait for the department's investigation to complete. You should wait as long as necessary up until you either believe they are unreasonably delaying things or until you near the SOL on the tort.

Without knowing the exact facts, I believe it will be a very high hill to climb to get any satisfaction here either through the investigation or potential litigation.

 

[stacyw123]

Your only option is to sue for defamation. You will need to hire an attorney on your own. The EEOC is not going to help you . Your best option is to wait for the department's investigation to complete. You should wait as long as necessary up until you either believe they are unreasonably delaying things or until you near the SOL on the tort.

Without knowing the exact facts, I believe it will be a very high hill to climb to get any satisfaction here either through the investigation or potential litigation.

Thank you for the quick response. 1. Would you please explain to me why you think EEOC will not be helpful? 2. Since I tried to contact several attorneys, but I can't afford the retainer, do you know how I can find a lawyer willing to take my case on a contingency fee basis?

 

[tranquility]

Thank you for the quick response. 1. Would you please explain to me why you think EEOC will not be helpful? 2. Since I tried to contact several attorneys, but I can't afford the retainer, do you know how I can find a lawyer willing to take my case on a contingency fee basis?

EEOC deals with illegal discrimination. (Age, sex, race etc.) You have not alleged anything that leads to their coverage. [ http://www.eeoc.gov/employees/coverage_state_local.cfm ]

I find it unlikely you will find an attorney willing to take this on contingency for a number of reasons. As I said, you have a high hill to climb to get compensation. There are immunity issues (Suing the government is tough.), there is the shear difficulty of proving the investigator acted with malice, there is the materiality of the claims you can prove and the fact you can't really show why this person would try to hurt you when he's just doing the same job he has done many times for many people without a LOT of discovery. I don't think an attorney would take this on with a contingent fee arraignment. But, shop it around as best you can. Look to newer attorneys as they might be hungrier. Bring as many facts as possible. You are not really offering them an opportunity, you are selling them on your case.

 

[quincy]

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

... I was curious to know where did I fail, so I did request my background investigation packet and found out that the background investigating officer have wrote completely false report about me - twisting my words, making up statements and facts, portraying me in a very wrong and inaccurate way, claiming things that never happened and deliberately defaming my character. (For instance, the report states that all my personal references have been contacted, when in fact none of them was; the report states that I said I can't furnish my High School diploma, when in fact it is attached to my file; the report claims i refused to provide some information, when in fact, i responded in detail to every question I was asked; and those are only few of the inaccuracies of the report...). I wrote a Letter of Appeal to the Chief and Internal Affairs, in which I have outline every detail of the report, and I was told that they will look into my concerns. All I wanted was to be given a chance to meet with the Chief and clarify the inaccuracies and for the false report to be taken off my record, since it seriously hinders my chances for employment in any other agency. I followed up twice, and two weeks ago I was told they should have an answer for me...last week...I intend to follow up again the beginning of next week. I did consult a lawyer, but unfortunately I can't afford the retainer. This report seriously damages my reputation and the name I have worked so hard for and robs me from my right to pursue my dreams. I have no way to know the real reason the officer wrote such a false report, but based on the way the phone interview was handled (the multiple mentioning of my accent as possible barrier to fulfilling my duties; questions like if I am sure I could understand people talking; multiple questions about my ethnicity and so on), I have reason to believe that one of the reasons the officer expressed such negative attitude towards me was my foreign heritage.

My questions: Can I sue the officer for defamation? How long should I wait for response from the Department before contacting EEOC or taking any other steps? What are my best options?

What I have bolded above of your post needs expansion and clarification.

The "for instance" examples you provided do not appear to rise to the level of defamation. The "inaccuracies" appear, instead, to be opinions expressed by the officer and perhaps a failure on the part of the investigating officer to complete the investigation as required (which would be a matter handled internally).

I agree with tranquility that you will need to take what was written about you (the background investigation packet) for a review by an attorney well-versed in defamation law, this if you fear your reputation has been injured severely by the report. You might get an attorney to look over the matter for you for little to no cost (see if you can find a law school professor) but it is highly unlikely you will find a defamation attorney willing to work on a contingency.