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  1. #1
    kate@thedell.ne is offline Junior Member
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    Libel caused loss of job

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

    My daughter works in home-based care for disabled adults. One of her coworkers had previously threatened to get her fired (she didn't report this). The coworker recently wrote an incident report that accused my daughter of verbal abuse. They were the only two people at work that day at that house. My daughter has been correctly suspended pending an investigation.

    The client in question was intereviewed and said she likes my daughter/isn't afraid of her/wants her to come back to work. Other co-workers support my daughter. We are hoping she won't lose her job based on the word on one person, but don't currently know for sure.

    If she loses her job because of this incident (WA is an 'at will' state), is there a case for loss of income due to libel?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by kate@thedell.ne View Post
    What is the name of your state (only U.S. law)? Washington

    My daughter works in home-based care for disabled adults. One of her coworkers had previously threatened to get her fired (she didn't report this). The coworker recently wrote an incident report that accused my daughter of verbal abuse. They were the only two people at work that day at that house. My daughter has been correctly suspended pending an investigation.

    The client in question was intereviewed and said she likes my daughter/isn't afraid of her/wants her to come back to work. Other co-workers support my daughter. We are hoping she won't lose her job based on the word on one person, but don't currently know for sure.

    If she loses her job because of this incident (WA is an 'at will' state), is there a case for loss of income due to libel?
    There are many factors that come into play. The co-worker cannot be sanctioned for reporting abuse, especially since all of the employees are mandated reporters.

    If your daughter does lose her job, I suggest that she file for unemployment and brush up her resume. She should forget about making money by way of a law suit. Unless she has several thousand dollars laying around to pay for an attorney, she should concentrate on what she can control
  3. #3
    kate@thedell.ne is offline Junior Member
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    to antigone

    Thanks for the advice. My concern wasn't about getting money, but keeping her job as the intent was malicious (the information in the report was made up). I don't fault the company for investigating, only the co-worker for making up false accusations.
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by kate@thedell.ne View Post
    Thanks for the advice. My concern wasn't about getting money, but keeping her job as the intent was malicious (the information in the report was made up). I don't fault the company for investigating, only the co-worker for making up false accusations.
    Your daughter works in an at-will State. She can be fired for any reason. Her firing would not consistute libel.
  5. #5
    swalsh411 is offline Senior Member
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    You can forget about that then. There is no recourse that would force the employer to rehire her. You sue somebody for damages (money) not for a specific thing you want to see happen.

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