What can I do about ex who falsely accused me of fraud??

[Sueyousueme]

What is the name of your state?
Pennsylvania

While on workman's comp my ex emailed my company and claimed I was faking my injury. In 2015 I had an accident while working which resulted in me going on workman's comp. Then having a laminectomy on my L4, L5, then diagnosed with failed laminectomy syndrome. I hired a workman's comp lawyer and my company wanted to settle. My lawyer told me it could be in the 6 figure range. Then a few months went by and then a few more and after a year I found out that the reason they pulled back on a settlement was because my ex girlfriend (to punish me for breaking up with her) sent my company an email claiming I was faking my injury. They were threatening to take me to court for fraud. At the time I had just taken a new, better job out of state. I could either quit this new job and return to PA and fight it, or accept 5k and move on with my life. I chose the new job, because in the long term it would be better, and took the 5k. But I still live with constant pain and regret my choice. Is there anything I can do legally against my ex for falsely telling my employer I was faking it??

 

[justalayman]

its time to let it go. You made your choice.

Especially without reading what was in the email you don’t know if she said anything that wasn’t merely opinion. If she believed you to be faking, there is nothing improper about her making a statement saying she did believe you were faking things. It was up to you to prove your case and rather than do that, you chose to settle for the $5000.

 

[quincy]

What is the name of your state?
Pennsylvania

While on workman's comp my ex emailed my company and claimed I was faking my injury. In 2015 I had an accident while working which resulted in me going on workman's comp. Then having a laminectomy on my L4, L5, then diagnosed with failed laminectomy syndrome. I hired a workman's comp lawyer and my company wanted to settle. My lawyer told me it could be in the 6 figure range. Then a few months went by and then a few more and after a year I found out that the reason they pulled back on a settlement was because my ex girlfriend (to punish me for breaking up with her) sent my company an email claiming I was faking my injury. They were threatening to take me to court for fraud. At the time I had just taken a new, better job out of state. I could either quit this new job and return to PA and fight it, or accept 5k and move on with my life. I chose the new job, because in the long term it would be better, and took the 5k. But I still live with constant pain and regret my choice. Is there anything I can do legally against my ex for falsely telling my employer I was faking it??

It is unlikely that any decision was made solely on what was written in the email sent by an ex-girlfriend. While reports of fraudulent claims will be investigated, it will be the result of the investigations that determine a claimants' fate.

How did you learn about the email and its contents?

Pennsylvania has a one-year statute of limitations for filing a defamation claim so I am afraid that option is no longer available for you to explore - and I see no other actions for you to take against your ex-girlfriend at this time.

 

[commentator]

This is exactly the reason I advise people to be honest. If you lie, basic life 101, you will usually get caught up in it, because people will tell on you, now, or later. The biggest source of unemployment insurance fraud reports always came from the tip line, passed on by ex wives and irate former friends, jealous in laws, whatever.

The only defense you have is to be absolutely honest from the get go, and then to be prepared and able to defend yourself and your side of the story when questioned. Always assume you WILL, at some point be questioned.

I'd bet it was not through any official channels that you found out that your ex girlfriend had called in on you, either. Anonymity is protected in these cases. That's what makes fraud hotlines work. It would create real issues in trying to "go after her" about calling in on you, as of course she would deny she did it, even if you could very unwisely take the time and trouble and money to try to go back in and get this re opened and sue her, etc.

In this situation, you made the choice not to go in and fight for more money at the time you could have, and that's not so much her fault. I gather that you didn't even know at that time that she had called and reported you, that you were just told a report of fraud was the reason you were offered this sum, and after all, you can't know, it may not even have been relevant to the settlement of your case. These accusations sound like the type of thing they might throw out there to bully you into taking a settlement anyway. And it worked at the time.

 

[NeilTheCop]

"They were threatening to take me to court for fraud. At the time I had just taken a new, better job out of state. "
This possibly raised the question in the mind of the insurers that your injury did not prevent you from working, and your claim MAY have been fraudulent.
Just saying.

 

[quincy]

It is to be expected that claims (especially those estimated by an attorney to be in the "6 figure range") will be investigated - not only at the time the claim is made but continuing long after.

Reports of suspected fraud made to the proper agencies cannot form the basis of a defamation claim. These reports, like reports of suspected crimes that are made to the police or reports of suspected child abuse that are made to child protective services, are privileged.

The qualified privilege that attaches to these reports will immunize the reporter from claims of defamation if the reports are made in good faith, with honest purpose, and without malice.

The reason for the privilege is to allow for the free reporting of suspected crimes without the reporter fearing that a lawsuit will result if a subsequent investigation determines the report is unfounded.

So, there is more than just the statute of limitations that is problematic here.

 

[Sueyousueme]

It was my lawyer who found out and passed the information on to me. He told me that that was the reason. My ex knew she was lying. I had started seeing someone new about 2 months before my accident. I have texts from my ex saying if I'm healthy enough to have sex with my new gf, then I am healthy enough to work. That is how she justified it.

 

[Sueyousueme]

It is unlikely that any decision was made solely on what was written in the email sent by an ex-girlfriend. While reports of fraudulent claims will be investigated, it will be the result of the investigations that determine a claimants' fate.

How did you learn about the email and its contents?

Pennsylvania has a one-year statute of limitations for filing a defamation claim so I am afraid that option is no longer available for you to explore - and I see no other actions for you to take against your ex-girlfriend at this time.

My lawyer contacted me when my companies legal team informed him.

 

[quincy]

It was my lawyer who found out and passed the information on to me. He told me that that was the reason. My ex knew she was lying. I had started seeing someone new about 2 months before my accident. I have texts from my ex saying if I'm healthy enough to have sex with my new gf, then I am healthy enough to work. That is how she justified it.

Your exgirlfriend was a liar. That seems to be a good reason for her being an "ex" girlfriend instead of a current girlfriend.

It is probably best for you now to leave that part of your life behind. There is not much you can do legally at this point.

 

[Zigner]

Hang on - as you said (quincy), a single report won't cause a case to go from a 6-figure case to a $5,000 case. It seems that the investigation showed that there may, in fact, have been truth in the report.

 

[quincy]

Hang on - as you said (quincy), a single report won't cause a case to go from a 6-figure case to a $5,000 case. It seems that the investigation showed that there may, in fact, have been truth in the report.

Unless the settlement agreement was prior to a thorough investigation (to perhaps eliminate the need for a thorough investigation).

 

[Zigner]

Unless the settlement agreement was prior to a thorough investigation (to perhaps eliminate the need for a thorough investigation).

I'm pretty comfortable in saying that the investigation was in progress before the ex called in.

 

[quincy]

I'm pretty comfortable in saying that the investigation was in progress before the ex called in.

Oh. Certainly. That would be standard.

The 6-figure estimate was the attorney's estimate and might have been overly optimistic.

 

[Ohiogal]

And depending on the type of sex, that could have been proof enough.. Swings? Toys that require movement? Various other things? Even man on top could have been enough depending on the allegations.

 

[quincy]

And depending on the type of sex, that could have been proof enough.. Swings? Toys that require movement? Various other things? Even man on top could have been enough depending on the allegations.

It is unlikely the ex girlfriend had that type of information about Sueyousueme's sex life with his new girlfriend.

Edit: Nevermind. I see that you are assuming the injury occurred before the girlfriend became an ex. I was assuming the injury occurred after the girlfriend became an ex. You are probably correct in your assumption.