Is this defamation of character?

[jd77]

What is the name of your state? IN

A female classmate noticed at 4:30pm her wallet was missing. She thought she had left it in the break room, but it was gone. She went to the call center director to report it. At 4:47 I received a VM from HR Manager stating I needed to come back to work and sign an insurance paper. I went back in and HR Manager & call center director started to ask me questions about the missing wallet. Said I along with 3 other males were the suspects out of the training class of 15. Police arrived and call center director informed them he had me on tape stealing the wallet. Police viewed tape with call center director. They did not ask me any questions and said unless I admitted doing it then they had nothing. I was then showed the tape of me leaving the training room and walking to the bathroom to wash my hands. Director said wallet was in my hand, again, cops said they couldn't prove anything. So then Director started questioning me about being in trouble in the past even though I had PASSED the background check. I had lied on my application about having a background, I thought after 13 years it wouldn't come up. I admitted to lying. He proceeded to harass me about being a theif and liar in the past then he fired me. This part is not in question. I lied and understand they can fire me b/c of my background.

All of the things that happened between 4:30 and 4:47 are in question. Did the Director cause defamation of character by releasing false & confidential background information.

Director found wallet in Men's bathroom and viewed security tapes. He then showed the victim and other employee tape of me. Director pointed out that she didn't leave it in the breakroom, but in the training room and that was me walking out with it. Victim informed Director I may have a background. Victim called another friend for website to check background, gave Director website and Director proceeded to look up my background with them. The victim and other employee were then sent back on the call floor. They proceeded to tell people about the tape, me stealing the wallet, and my background. There are a total of 70 employees in the call center. Soon after 4:47 I started receiving phone calls and text messages calling me a thief and liar because of all the rumors going around. This was all going on within 20-30 minutes of me finding out I was a suspect. I'm white, the other 3 males are black. I am the only one that has been questioned. This happened last Friday the 8th**************

I live in a small city and it's already difficult to find a job. Now I have rumors going around that I'm a thief with a background. I went to the gas station today and someone there knew about it!

Was it illegal for him to share my background and tell employees I was a thief, before an investigation had been conducted? I have talked with the HR Manager's boss, and she admitted it wasn't handled correctly, but she couldn't say much....

Do I have a case against the Director? What about the company employing him?

 

[quincy]

If you stole the wallet, people saying you stole the wallet is not defamation. It's the truth.

If you lied on your application, people saying you lied is not defamation. It's the truth.

And if there is information posted about you on a website, it would not be considered private information or confidential, as anyone can view it. An arrest record, if that is what is in your "background" from 13 years ago, would be public record.

If you, in fact, did not steal the wallet, and the "rumors" of you stealing it damage your reputation, then you may have some recourse against all those who have called you a thief. Falsely accusing someone of a crime is defamation, and you can sue.

 

[jd77]

No I DID NOT steal the wallet. They do not have any proof that I did and that's why the police said the tape didn't show anything, no proof, yet the Director had already told the victim and her friend that I did it and then proceeded to tell them my background.....I understand if they went there on their own and looked it up then no big deal, but the fact that the Director actually looked it up and went through it with them, isn't that crossing the line. Then to say it was me that stole it before the cops even got there**************I am now labeled a thief when I am not! Not to mention, they haven't asked any of the other guys a single question. Why? If all the males were suspects then why did they pick me out of the group?

 

[jd77]

im confused

it wasnt until the next day that the director called victim in an showed her tape of another possible suspect.This guy watched 30 sec. of tape an i was the first one he saw so he played cops,judge an jury.I had to move from my home town to get away from my past now because of a false statement an false accusations by the call center director it has all caught up with me again.
thank you for your time to read over my problem

 

[jd77]

background

It was the DOC web site where my history was looked an talked about.

 

[quincy]

I can understand, to an extent, why the Director thought you were the thief, as you were the one who had an arrest in the past (was it for theft?) and you lied about it when you applied for your current position. However, labeling you a thief in this case, when you are not, is defamation. And revealing confidential information is an invasion of privacy.

You have a couple of areas where you could potentially bring suit against this Director, then, but I see problems in both.

There has been "publication" of a false and defamatory statement about you - you have been labeled a thief in front of your fellow employees, and the community in which you live is aware of the accusations against you. If your past record was for theft, however, you could be called a thief - and there is an arrest record that proves that label is correct. Perhaps you are not a thief in the case of the missing wallet, but certainly in the case of your past record you are. Therefore, you would have to prove the comments made about you were based on the wallet and not your 13-year-old arrest. And you would need reliable witnesses to testify to that fact.

In addition, you must persuasively demonstrate "fault" on the part of the Director. To show fault, you have to prove that the information about you (your past record, the lies on your application about your past record, the video purportedly showing you enter the men's room with a wallet, etc) was talked about with others without the "due care" that would be used by an "average person of ordinary sensibilities". This can be tough. Gossip happens, and the "average person" will gossip. Also, the Director cannot necessarily control what the victim of the wallet-theft says to others.

Therefore, you will have a difficult time proving negligence by the Director. In absense of this showing of fault, any suit against the Director would fail.

Finally, in order for a defamation suit to be successful, you must show damage to your reputation and actual injury that results from this damage. You were fired. That, ordinarily, would show injury - but there were legitimate reasons for your firing that could have nothing to do with the wallet theft (ie. your lie on the application). This, alone, could be reputationally damaging, reason enough to be relieved of your position with the company, and not compensatable in any defamation action.

So, in other words, bringing a successful defamation suit would be difficult for you. You should definitely consult with an attorney in Indiana, but I am afraid a defamation suit may not be worth pursuing.

As for the invasion of privacy, if information released is from a public record, it can be reported truthfully and accurately with no penalty. In most cases, the existence of any public record will preclude recovery for this "publication of private matters." Because your arrest was over 13 years old, however, a good attorney may be able to successfully argue that it should not have been released by the Director. Again, though, it was the victim who located the information.

I don't know, jd77. It certainly sucks to be accused of a crime you didn't commit - and for most people this is a good basis for a lawsuit. I am just not so sure it is in your case.

Review the information with an attorney in Indiana, though, and see what can be made of it. And, I recommend in the future that you are totally honest on any application, as lies have a way of being discovered - and most employers will be willing to look past 13 year old crimes to see the person you have become.

Good luck.

 

[jd77]

what about this...

i passed the background check, so to the best of everyones knowledge i was clear.It was not the victim who found my background,She called a friend asking what web site(DOC) could you look someone up.He gave her this info.She was in call center directors office when call was made.She then told director the web site an they all procedded to look me up.Then victim was let go back out on call center floor.Now keep in mind this all took place in less then 17 min....before the police arrived an before i had even been called about the b.s. insurance paper i had forgot to sign.So this girl goes out on floor an says "diretor showed tape of me an i did it an i had a background" So employees assuming i did in fact steal an now know i have a record.
thanks jd77

 

[quincy]

I am not saying that what the Director and the victim did was right, jd. It was definitely wrong. To call you a thief in front of everyone is defamation, and to reveal facts about you to the employees, that the employees had no business knowing, is an invasion of your privacy.

My concern is that you will have a difficult time with your proofs in court. It is, by no means, a slam-dunk for you.

I would speak with an attorney about it, however. The attorney may think you have a shot at proving the Director and/or the victim slandered you and damaged your reputation. Defamation suits are very expensive to bring, however, and you want to go into any suit confident of a win - right now I don't have that confidence. Sorry.

 

[jd77]

okie dokie

i see what you are saying.well thank you for your input on this
it is appreciated!

 

[quincy]

You're welcome. Good luck.

 

[jd77]

what about the rumors????

So I went out last night with 7 people from my former job.I asked all these people what they heard i got fired for an they ALL had heard i got fired for stealing this girls wallet**************now would i have to prove who the rumors r coming from or what?My name is being drug through the mud an it seems i cant do anything about it**************....
A penny for your thoughts please......

 

[quincy]

My thoughts are worth a heck of a lot more than a penny, jd - although the people who run this forum have not offered me any compensation for them yet.

If these rumors are spreading, and you are becoming known in your community as the person who stole a girl's wallet, you are having your reputation damaged. You still run into the same problems I outlined for you above, but a defamation action against this wallet-victim and/or your former employer is seeming a wee bit more winnable now.

Have you tried applying for any other jobs?

 

[seniorjudge]

...
My thoughts are worth a heck of a lot more than a penny, jd - although the people who run this forum have not offered me any compensation for them yet.
...

What?

I get checks regularly and they all clear!

 

[quincy]

Maybe mine will arrive soon?

 

[jd77]

we need to check into this for you....

I agree you should seek payment for your services.....(after helping me )
So I have to prove that these rumors are coming from the top an being let out??
If the victim was given false and untrue statements about myself isnt that defamation in itself?