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bobbydietz

Junior Member
What is the name of your state (only U.S. law)? Missouri

Im very dissapointed to be writing this message again as I know I posted it earlier but I do not find it anywhere.

Bottom line is this.

I worked for a restaurant as the GM, a decision was made by the owner to take over as the operator.

A restaurant review critic comes in, hears from a server that I was fired.

The critic then publishes his article and the intro is about me, my first and last name, that I had been fired and then goes on to say that it seems pretty quick for that to happen but that he has met some incompetent GMs before. He then proceeds to author his review of the restaurant.

I was made aware of it when friends started texting and calling me becuase they had read it themselves.

I am embarrassed first of all and secondly very concerned about the affect on my job hunt.

The owner of the restaurant did email ( and then forwarded to me) the ad rep for the publication expressing his dispeasure with the article and that he could not believe they would slander and slam a local guys career like that. The email he forwarded me included the ad reps response who admits to him that he too is very upset about the article and that he and the publisher were going to have a talk with the author and editor.

All of that is great for them but I have heard from no one from the publication, no apology has been sent my way and I am flat humiliated and ticked off.

Do I have any rights that protect me from my private matters being put on display like that? First amendment **************my but. That is not news worthy and no ones business that I do not choose to involve. Not to mention the owner has given me a letter of referral expressing the that my position was eliminated. that is a layoff, or downsize or whatever but not the firing of an incompetent manager.What is the name of your state (only U.S. law)?
 


bobbydietz

Junior Member
Here for advice

Is there anything that I can even do about the server? Would the server be considered an extension of the restaurant its self and therefore would the restaurant have any liability? I am very familiar with the liability a restaurant/bar holds as a result of its employees actions when related to service of liquor (IE dram shop), or say food contanimation, but in this area I have very little experience.

That being I do think I would easily be able to identify that server with cooperation of the publication. My assumption is that the receipt would have been kept for reimbursement and would have the server's name on it.

Not sure what I could do about the server though. Shame them? Its a server for Pete's sake. {Much like the drunk nurse that totaled the car my, then, pregnant wife was driving home in. She had no insurance and no money to even go after. Other than a DUI charge she walked.} I fear this is looking a lot like the scene in Liar Liar when Jim Carey is picking up his car from the impound and says he is just going to have to bend over at take it up the a##. It's rediculous that this has happened. Regardless of the fact that it went to print, it is still outrageous that an uniformed person would appoint themselves as spoke person on the matter. For what? To rub elbows with your table in hopes of getting a better tip because you shared "inside intel"? Try making money the old fashion way, take care of your tables and give them the service they want not freaking gossip. Sorry a bit of a rant there.
 

quincy

Senior Member
Bobby, you should speak with a defamation attorney in your area and have this attorney review what was printed about you by the restaurant critic. It is entirely possible that you have an action you could pursue against both the critic and the publication.

You are unlikely to receive an "apology" over what was printed. If there could be a defamation suit arising from what was published (and with the ad rep's analysis of the critic's article, it seems a distinct possibility the publication will view it that way), the publication is not going to want to formally acknowledge to you or to anyone that an error was made in the article. To acknowledge the error could potentially eliminate for them a defamation defense.

A big hurdle for you, if what is published can be seen as defamatory taken in the context of the entire article, is to show that you suffered damages as a result of the critic's words (a financial loss, a shunning, ridicule). There is no question accuracy is important and verification of facts is needed before information is published about an individual or an entity, especially when a reputation can be harmed by what is published. The restaurant critic and the editor should have verified whether you were fired prior to publication of that fact, and the restaurant critic should not have relied solely on the word of a restaurant server, who may have been basing his comments on false gossip and rumors. The word "incompetent" should not have been used.

That said, depending on the size of the publication involved here, it may be an expensive battle for you in pursuing this matter in court. With large publications often comes large legal teams, who can (and intentionally will) increase both the time in court and the costs of litigation substantially. You should have damages enough to warrant the time and money that must be expended.

Again, see an attorney in your area. He can help you determine whether this is a battle worth fighting.

There is a two year statute of limitations in Missouri for defamation suits (the time within which you must file).


(edit to add: You could potentially sue the server but probably not the restaurant, unless it can be shown the server was acting on instruction by the restaurant to pass on the false information to the restaurant critic)

Good luck.
 
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bobbydietz

Junior Member
Thank you for the advice. With so much going on, trying to get a job being the biggest, it is hard to make time to deal with this. Related, or not, twice I have had invitations for an interview for a position and then out of the blue they were canceled.

I feel stupid trying to address it with a potential employer, saying, "Hey I know you may have read some things, but here is the referal letter that explains otherwise". Seems like all of a sudden I have gone from a legitimate candidate to one with "too much baggage".
 

Zigner

Senior Member, Non-Attorney
Quincy - what case do you see.

The server didn't lie. Our OP WAS fired.
The critic didn't lie. Our OP WAS fired.
The critic then proceeded to express opinion...100% protected.

I really see no case.
 

quincy

Senior Member
Zig, Bobby was not fired for being an incompetent manager. He said his position was eliminated. And that is what the letter of referral from his employer states.

Of course, the restaurant critic's review would need to be examined to see exactly what was said, and how what was said about Bobby relates to the whole of the article and to all of the facts of the situation. For this review, Bobby should see an attorney in Missouri.

But from what has been posted here, I do not see that any pure opinion was expressed. I see that the critic stated a false fact (that Bobby was fired) and implied that Bobby's incompetence in his role as GM had something to do with it.

Incompetence is a red flag word. It has no positive connotation and, when applied falsely to someone in their business or professional role, it can be considered (in many states) defamatory per se. With defamatory per se statements, reputational injury is presumed and damages can be awarded on this presumed injury.
 
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