Former employer spreading potentially damaging information about me around workplace

[toxicologie]

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

I worked at a department store as a cook in the cafe department for about 4 months last year, and was fired due to attendance issues. My manager and I were on bad terms, and my tardiness and occassional absense were grounds for her to fire me. My girlfriend also works at the same department store in a different department as a salesperson, with my former manager's daughter, also a salesperson. My girlfriend had been chatting with Former Manager's Daughter (hereby referred to as FMD), and FMD asked my girlfriend if I had gone to rehab after I was fired from Department Store (I did, but I don't see how that's any of their business). My girlfriend asked where FMD had heard this information, and FMD said she heard it from her mom (my former manager). Although I was fired from the position 3 months ago, I spoke to the HR department there, and gave them all the info I had. They then called in my girlfriend and had her give all the info she had. My question is, can I sue the department store for damages? Although my former manager's malicious gossip is true, it took place after I left, and is damaging to my character. What if my girlfriend hadn't known I had gone to rehab, and FMD just broke the news to her? What can I sue Department Store for?

 

[Proserpina]

You can't generally sue someone for telling the truth....especially when your girlfriend was apparently the one who gave them much of the information.


You have no case here.

 

[Proserpina]

It implies that your are a felon (drug user)...go see an attny....case may be possible, may not be. Any attny will better inform you than here - too may details are needed to be known

Since when did "felon" equate to "drug user"?

Furthermore, since when did "rehab" equate to "drug user"?

Please explain.

 

[Proserpina]

In my post.

No.

I'm asking you to explain how "rehab" somehow equates to the op being a drug-using felon.

You are seriously misleading this OP.

 

[Betty]

It implies that your are a felon (drug user)...go see an attny....case may be possible, may not be. Any attny will better inform you than here - too may details are needed to be known

I believe you're implying too much here. Based on what OP posted, I see no case.

 

[cbg]

Regardless of what "pops into your mind first" the OP has stated that it is TRUE that he was in rehab. So, pray tell, on what legal basis can anyone be sued for telling the truth?

 

[Proserpina]

Its not unreasonable to link rehab with drug abuse ... is it? Up to a jury? It is a question of fact what was or could be meant by that? I can see it could go either way (illegal drugs or EtOH abuse or legal drugs or other?) .. first impression is illegal drugs to me. What pops in your mind first?

What pops into my head first...is that the OP was in rehab (for whatever reason), and OP's girlfriend shared this information.

The point is...you implied to the OP that OP might have a case of something (I'm guessing) akin to defamation.

Based solely upon OP's post, this is quite clearly not the case.

You should perhaps read some of quincy's posts in the "defamation" section of the forum.

That way you can learn about what is, and what isn't, defamation and why this OP does not have a case for defamation at all.

 

[Proserpina]

Do you see the harm in the OP going to see an attny? That was, after all, my advice. What you quoted was only my opinion. I see a possibility of a case.

YOU see the possibility of a case?


Based upon what cause of action?

 

[Proserpina]

But in certain situations, you can be liable for telling the truth.
Ex: bob was fired on late monday. Also, on early monday a theft occurred. George says: bob was fired after a theft. (or something similar)

So if the OP was in rehab for EtOH abuse ... stating that the OP went to rehab w/o mentioning the EtOH may imply it was for illegal drugs.

I hope you see this possibility .. an attny would know more. These issues are very complex.

I really, really hope that you comprehend the VAST difference between your first example and OP's situation...




They're not even vaguely close!


You are WAY off base here.

 

[cbg]

What I see is that you are so far off base, you won't get back to the ball park before the game is over.

 

[Proserpina]

What I see is that you are so far off base, you won't get back to the ball park before the game is over.

Sigh...I'm right, aren't I?


Re: B&G


(Should we also mention at this point that even if OP DID have a case, small claims court would NOT be the correct forum?)

 

[cbg]

If you don't want to offend, then keep your trap shut when you don't know what you're talking about.

The source of the information appears to be the poster's girlfriend. So why is your "advice", to give it more credit than it actually deserves, directed towards a potential suit of the employer? Why, if you believe a suit is even possible (which it is not) is it not directed at the person who first opened her yap?

 

[divona2000]

... My girlfriend had been chatting with Former Manager's Daughter (hereby referred to as FMD), and FMD asked my girlfriend if I had gone to rehab...girlfriend asked where FMD had heard this information, and FMD said she heard it from her mom (my former manager)...?

... OP's girlfriend shared this information...

...The source of the information appears to be the poster's girlfriend...

I read it as Former Manager gossiping it to Former Manager's Daughter, who then spread it to her co-worker, OP's girlfriend...

 

[Proserpina]

I read it as Former Manager gossiping it to Former Manager's Daughter, who then spread it to her co-worker, OP's girlfriend...

Re-read:

Although I was fired from the position 3 months ago, I spoke to the HR department there, and gave them all the info I had. They then called in my girlfriend and had her give all the info she had.

Looks like the girlfriend spilled at least some of the beans...

 

[divona2000]

...My girlfriend asked where FMD had heard this information, and FMD said she heard it from her mom (my former manager)...I spoke to the HR department there, and gave them all the info I had. They then called in my girlfriend and had her give all the info she had...

Re-read:...Looks like the girlfriend spilled at least some of the beans...

Yes, but only after manager and manager's daughter told gf, then gf helped cook those beans...


(Question---Isn't addiction/rehab a covered disability (Williams v. Widnall)? Can employer even discuss this with other employees? Are employers allowed to ask if former employee has ever been in a drug or alcohol rehabilitation program?)