Defamation in unemployment hearing in PA

[einnob]

What is the name of your state (only U.S. law)? PA
I was wondering if someone could help answer a question for me. I quit my job due to sexual harassment and filed unemployment based on this. During the unemployment hearing for financial determination my employer accused me of embezzlement and taking unauthorized bonuses. I filed a case with the PHRC and then they filed a complaint with the DA's office. As I understand it, I can not sue them for defamation for filing a criminal complaint as they are protected and I can not sue them for defamation or libel unless they tell a third party and I hear about it. This got me thinking about the unemployment hearing. Can I sue based on the fact they told the unemployment rep this at the hearing or are they protected in this arena as well. Something just not right about people lying and being able to do it by being protected within the law. Thank you in advance for any information someone can provide.

 

[I'mTheFather]

It seems unlikely that they would go to the DA with something they know they're lying about. I'm SURE their lawyers would advise them of the consequences of that. So, did they believe themselves to be lying during the unemployment hearing?

 

[einnob]

It seems unlikely that they would go to the DA with something they know they're lying about. I'm SURE their lawyers would advise them of the consequences of that. So, did they believe themselves to be lying during the unemployment hearing?

I am learning people don't always tell the truth just because they are under oath and sign their statement is true. They are protected by law for filing a criminal complaint with the DAs office. It all boils down to if I drop mine they will drop theirs. I don't want to go into too many details of this situation in a public forum. I just want to know if they could be sued for defamation and they know they are lying at the unemployment hearing or are they protected from defamation at a hearing as well. Thank you

 

[I'mTheFather]

Can you prove they're lying? If not, then you can't sue for defamation.

 

[einnob]

Can you prove they're lying? If not, then you can't sue for defamation.

Yes I can prove they are lying. So I take it the answer would be yes they could be.

 

[quincy]

They are protected by law for filing a criminal complaint with the DAs office. It all boils down to if I drop mine they will drop theirs. I don't want to go into too many details of this situation in a public forum. I just want to know if they could be sued for defamation for making such accusations at the unemployment hearing or are they protected from defamation at a hearing as well. Thank you

As a general rule, what is said in the hearing is privileged.

Here is a Pennsylvania case that addresses this: http://fjd.phila.gov/pdf/opinions/civiltrial/060902397-040808.pdf

Were you accused of embezzlement outside any hearing or police complaint (e.g., accusations made to other employees)?

 

[I'mTheFather]

Yes I can prove they are lying. So I take it the answer would be yes they could be.

Sure, go ahead.

Just out of curiosity, how can you prove they are lying? Realize, that's not the same as proving they are wrong.

ETA: I admit that I did not check any sources before posting (re Quincy) and apologize for that. I simply find the situation hard to believe.

 

[einnob]

Sure, go ahead.

Just out of curiosity, how can you prove they are lying? Realize, that's not the same as proving they are wrong.

There is a witness who is willing to share this information if need be. It came straight out of the mouth of babes to this other party

 

[OHRoadwarrior]

I notice OP did not say the claims they went to the DA with are fraudulent.

 

[quincy]

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.

 

[I'mTheFather]

There is a witness who is willing to share this information if need be. It came straight out of the mouth of babes to this other party

In that case, if your witness is credible enough and will attest to the fact that the company knew its claims to the DA were fraudulent, the company will face much harsher consequences that a simple payout to you.

 

[einnob]

I notice OP did not say the claims they went to the DA with are fraudulent.

Who is OP?

 

[I'mTheFather]

Who is OP?

You are OP, the Original Poster.

 

[OHRoadwarrior]

You, the original poster.

 

[einnob]

In that case, if your witness is credible enough and will attest to the fact that the company knew its claims to the DA were fraudulent, the company will face much harsher consequences that a simple payout to you.

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.