Is there any possibility for damages?

[noho]

What is the name of your state? CA

Hi,
I have been continually harassed by a union representative that won't stop coming by my work and inciting the workers against me by baiting and taunting me. He has distributed inflammatory documents about me that are defamatory.

Now, I am not asking whether I have a case, or whether I am right or wrong here. I only want to know that if I am able to prove the defamation in small claims court, do I have any cause for damages?

I have been stressed out for days, unable to sleep, unable to perform my work duties, and I feel humiliated around my coworkers.

Thanks

 

[JETX]

I only want to know that if I am able to prove the defamation in small claims court, do I have any cause for damages?

Nope. Not only do you NOT have a case, small claims won't hear defamation cases.

 

[BelizeBreeze]

which is the exact same answer you got the last time you posted this

 

[noho]

No, you're ignorant BelizeBreeze; why don't you read the other unanswered post for yourself before interjecting!

and, I assume that this is probably a very liberal forum, so I guess I will have to hide my real situation next time to avoid obviously biased, union agenda posters.

Supervisors are not always the bad guys with employee/ union problems folks!!!

 

[noho]

thanks g2h;
I have not lost money.
I only want this guy to stop harassing.
I am a man that will work with the legal process (not the strong arm!)

I now know about the stop harassment form ($320) for CA. However, I cannot afford to spend like this. I think the government (my employer) should voluntary this. I would not want to have to go to my union nor sue the gov-employer about this issue.

BTW, after I made a formal complaint with the gov- employer, I was told to "just take it" by H.R. Then that same day, the union rep showed up again for the third day straight unannounced and unprovoked and with no intention to talk to me (only harass me). He stood up and shouted slanderous comments to the staff. He also handed libelous notes out.

 

[rmet4nzkx]

What is the name of your state? CA

Hi,
I have been continually harassed by a union representative that won't stop coming by my work and inciting the workers against me by baiting and taunting me. He has distributed inflammatory documents about me that are defamatory.

Now, I am not asking whether I have a case, or whether I am right or wrong here. I only want to know that if I am able to prove the defamation in small claims court, do I have any cause for damages?

I have been stressed out for days, unable to sleep, unable to perform my work duties, and I feel humiliated around my coworkers.

Thanks

Are you management or a non union employee. What type of "government" employer? Are you of any protected class? As previously stated, small claims court doesn't handle these matters. If you obtain a protective order, and not all counties will issue a restraining order for talking about you, you must meet the elements for a restraining order. In your pleadings you may request the other party pay your court expenses which would include your filing fee. Often times a cease and desist letter on an attorney's letterhead will bring a close to such harassment. Such a letter could be addressed to both the Union agent and the union it's self as their employer. These things are best handled by competent counsel so you might consult an attorney or attend a free clinic offered in your county before proceeding.

 

[noho]

thanks rmet4nzkx,

Sorry, I thought it was obvious that I was management.

I work for an annonymous large government agency. This agency has been tolerating the bullying behavior of this guy for years. He does not play by the rules. He comes and goes as he pleases and will not leave when asked. If a civilian (and and even more with a government employee) was to stalk/ harass/ libel a government manager, the H.R. department would climb on board immediately. But my employer puts up with it; they tell me that it is my job duty to take it.

BTW, I was just told by another supervisor that this rep told him that he needed to shame me in front of my staff.

 

[BelizeBreeze]

I have not lost money.

then no small claims recovery

I only want this guy to stop harassing.

Then cry in front of him.

I am a man that will work with the legal process (not the strong arm!)

then you've been told why small claims will not hear your so-called case.

I now know about the stop harassment form ($320) for CA. However, I cannot afford to spend like this.

Then you have no other option.

I think the government (my employer) should voluntary this. I would not want to have to go to my union nor sue the gov-employer about this issue.

Then run for congress and change the law.

BTW, after I made a formal complaint with the gov- employer, I was told to "just take it" by H.R. Then that same day, the union rep showed up again for the third day straight unannounced and unprovoked and with no intention to talk to me (only harass me). He stood up and shouted slanderous comments to the staff. He also handed libelous notes out.

and since you don't feel the facts are important enough to post here, you are asking someone to judge the merits of your case based on YOUR interpretation of what slander is. Well, ain't gonna happen.

 

[noho]

BelizeBreeze:

well it's obvious that you did not like my response to your insulting response. Go ahead and assume that this is a "so-called case". I was not hoping for you to judge who was at fault. I will do so with a real attorney. I came here for help. and seeing how you have been here awhile, I guess I came to the wrong place.

Anyway, I don't intend to cry.

I don't think most people understand public humiliation until it hits home!

and, btw, I left a lot out for legal reasons. This site is widely accessible. But I'm sure you already knew that.

 

[BelizeBreeze]

BelizeBreeze:
I came here for help. and seeing how you have been here awhile, I guess I came to the wrong place.

Which is what you will piss and moan about when the judge throws out your case .

and, btw, I left a lot out for legal reasons. This site is widely accessible. But I'm sure you already knew that.

Great strategy. Come to a legal advice site and leave out facts.

 

[noho]

BelizeBreeze,
a lot of people come to this place with a lot of heavy feelings. Most are down on their luck and really could use a boost. Then, along comes you. You seem to delight in other peoples misery! Maybe one day you'll get your due.

BTW, exactly how much does a senior member with 23,000 posts make? Is it still NOTHING?

 

[shannon-cl]

Two points I must make:

1. No you have no defamation case....

2. If you did, defamation is not a small claims issue.. It would be handled by the Law division of the courts...

Thank you,
Shannon..

 

[JETX]

If you did, defamation is not a small claims issue.. It would be handled by the Law division of the courts.

And of course, that is NOT TRUE!!!
A defamation claim in California would be heard in the appropriate local SUPERIOR court

 

[shannon-cl]

Excuse me! in New York , New Jersey, and CT, it would be handled by the Law division of the superior court!

 

[JETX]

Excuse me!

No, we won't 'excuse' you!!

in New York , New Jersey, and CT, it would be handled by the Law division of the superior court!

Who cares??? The ONLY relevant post (where the OP lives) is CALIFORNIA!!!

Buy a friggin' map!!!