Defamation in unemployment hearing in PA

[I'mTheFather]

No one said you can't sue for filing a false complaint to the DA. That may be possible, but if the DA doesn't act on the complaint, then there is no cause for action on your part.

 

[quincy]

He already told me he would. The guys old best friend, but they were still friends at the time.

But for the life of me can not understand why I can't sue them for filing a false complaint.

Embezzlement charges will not be pursued against you by the prosecutor unless there is evidence to support the charges.

The complaint filed with the police by your employer is neither true nor false. It is a complaint that requires investigation to determine the truth or falsity of the accusations being made against you. If there is no evidence, no charges will be forthcoming. If there are charges that arise from the complaint that are later dismissed or if you are charged and judged not guilty of the charges, then you can perhaps have some legal recourse (e.g., malicious prosecution possibly combined with defamation).

Again, though, the time to have argued the falsity of the claims made in the unemployment compensation hearing would have been during the hearing. If you were denied benefits, you can appeal.

What I recommend you do, since claims of embezzlement are serious, is to seek out an attorney in your area for a review of your options.

 

[einnob]

What is said in an unemployment compensation hearing is absolutely privileged, which means what is said cannot support a defamation lawsuit.

The time to argue the lies being told would be during the hearing. That is where your "proof" would have been valuable.

It is hard at an unemployment hearing when it was for financial determination and not eligibility to even be prepared for such a thing. It was the last thing I ever expected and when I asked the owner about it all he said was I don't remember. I am going to have my attorney request the info they provided to the DAs office. If you don't remember at the unemployment hearing then how can you sign something saying it is the truth to the DAs office.

 

[quincy]

It is hard at an unemployment hearing when it was for financial determination and not eligibility to even be prepared for such a thing. It was the last thing I ever expected and when I asked the owner about it all he said was I don't remember. I am going to have my attorney request the info they provided to the DAs office. If you don't remember at the unemployment hearing then how can you sign something saying it is the truth to the DAs office.

I know it is hard to argue against lies but it will be up to the employer and/or the prosecutor to prove you embezzled. You do not have to prove that you didn't (although if you have support showing you couldn't have or didn't, that always helps).

I think you are smart to have your attorney look into this for you.

 

[einnob]

No one said you can't sue for filing a false complaint to the DA. That may be possible, but if the DA doesn't act on the complaint, then there is no cause for action on your part.

They will withdraw their complaint if I drop the PHRC.

 

[quincy]

They will withdraw their complaint if I drop the PHRC.

Speak to your attorney, einnob. He will be the best resource for you as he can personally review all facts.

 

[einnob]

Embezzlement charges will not be pursued against you by the prosecutor unless there is evidence to support the charges.

The complaint filed with the police by your employer is neither true nor false. It is a complaint that requires investigation to determine the truth or falsity of the accusations being made against you. If there is no evidence, no charges will be forthcoming. If there are charges that arise from the complaint that are later dismissed or if you are charged and judged not guilty of the charges, then you can perhaps have some legal recourse (e.g., malicious prosecution possibly combined with defamation).

Again, though, the time to have argued the falsity of the claims made in the unemployment compensation hearing would have been during the hearing. If you were denied benefits, you can appeal.

What I recommend you do, since claims of embezzlement are serious, is to seek out an attorney in your area for a review of your options.

Yes, that is what my attorney told me. I was just thinking of the unemployment hearing and was wondering if they were protected there as well. I feel like unless someone comes up to me and tells me that they told them this then there is nothing I can really do about them filing the complaint.

 

[quincy]

Yes, that is what my attorney told me. I was just thinking of the unemployment hearing and was wondering if they were protected there as well. I feel like unless someone comes up to me and tells me that they told them this then there is nothing I can really do about them filing the complaint.

It is unfortunate that people lie during judicial proceedings, but it happens. There is little that can be done except argue when given the opportunity in the proceeding against the lies with denials and truth. Make the liar support his/her statements.

It is when the lies find their way out of the judicial proceedings, where they are offered absolute protection from civil action, to being told publicly where they have no such protection, that legal action becomes possible.

There are reasons for offering immunity from defamation claims. Privileges allow for people to say what they need to or want to say without fear that what they say will result in a civil action being filed against them. Without such a privilege, for example, people might not report suspected crimes for fear of a lawsuit arising from reporting suspicions that later are shown to have no merit. We want, as a society, for people to report their suspicions to the police so the police can investigate.

That said, false reports made to the police in bad faith and with actual malice (knowing falsity, intent to cause harm) can defeat or lose the privilege for the person reporting. Police complaints are only covered by a qualified or conditional privilege. However what is said in a judicial proceeding (such as an unemployment compensation hearing in Pennsylvania) is absolutely privileged. No defamation claim can result from the lies told.

I think you should rely on your attorney and his advice and direction. Good luck.