If false (confirmed) and malicious complaints are filed against a manager by his employees, which as a result caused a serious financial hardship on the manager, can the identities of the complainants (employees) be subpoenaed for a civil suit for slander, libel, and possible punitive damages? I reside in Missouri. Note: These complaints were filed through a labor union (Fraternal order of police).
Thank you
Dogma121, are you the manager considering a defamation lawsuit, or are you one of the employees who filed a complaint wishing to remain anonymous?
Anyone who files a complaint anonymously can have their real identity revealed if the real identity is determined by a court to be necessary for a lawsuit to proceed. Before a court will order the unmasking of any anonymous writer/complainant, however, the individual seeking the real identity must file a John Doe suit and present to the court a
prima facie case showing that the lawsuit can survive a motion for summary judgment. If the case has merit, the court can order disclosure.
The complaints filed through a labor union could be covered by a qualified privilege which immunizes from civil action reports made in good faith and without malice (like those reports made to the police and to CPS).
I agree with LeeHarveyBlotto that, if there is a defamation suit filed against you (or a "John Doe" you), you will want to seek out the assistance of a defamation lawyer in your area. If you are the one considering a lawsuit, defamation suits are difficult to pursue as a pro se. Having an attorney help is wise and advised.
