Libel and/or Slander

[mzar48]

What is the name of your state? California

I am a government civilian supervisor for a brigade element in the United States Army. I have had repeated EEO complaints against me from one employee in particular. All allegations at first were somewhat benign until recently. Now this individual has "stepped up their game" for the lack of a better explanation. The latest barrage of complaints now state that I'm racist and I've retaliated against this person.

I would like to investigate taking civil action against this individual for libel and/or slander as the most recent remarks are now causing a hostile work environment, and the EEO complaints are not allowing me to perform my job and I feel that being called a racist and called retaliatory is the point at which I feel I need to respond.

I am currently in the state of California and having a difficult time getting legal advice due to the nature of the states political climate. The legal representatives, who I use on a regular basis for actions regarding counselings for employees etc., have stated they don't work for me as the supervisor, they work for the organization and to protect the organization against claims etc.

I need advice on how to proceed but also how to protect myself. I've responded to all EEO inquires with statements of fact and proof against the allegations but now feel that this person needs to understand they can't use the EEO process to create this sort of environment and cannot make remarks about someone without having repercussions.

Please advise.

 

[quincy]

The complaints made against you should be covered by a privilege that makes the false statements immune from a defamation claim unless actual malice can be demonstrated.

 

[eerelations]

I am currently in the state of California and having a difficult time getting legal advice due to the nature of the states political climate. The legal representatives, who I use on a regular basis for actions regarding counselings for employees etc., have stated they don't work for me as the supervisor, they work for the organization and to protect the organization against claims etc.

This has nothing to do with California's political climate and everything to do with conflict of interest. Your employer's attorneys would be giving you the same answer no matter which of the 50 US states they and you might be located.

Unless your employer specifically instructs its attorneys to work on your behalf in your potential libel and/or slander issues, then these attorneys are contractually not allowed to work on your behalf. If your employer doesn't instruct its attorneys to work on your behalf, then you need to find and retain an attorney that is not contractually obliged to work on behalf of your employer.

 

[adjusterjack]

I need advice on how to proceed but also how to protect myself.

If you want to sue that person, your employer has nothing to do with that. You're on your own and will have to hire your own attorney to file the lawsuit, or file it yourself.

 

[mzar48]

Currently I'm told that the SJA both in my command and within the civilian area don't work for me, but for the organization. I'll need an attorney to provide guidance on the matter. Regarding Quincy's response. The complaints were made against me, they are allegations that are false. My intent is to pursue a case against the individual on the premise that the statements are and have been harmful to me, my position and the good order and discipline of the organization. Simply, they are false, you don't get to just say whatever you want, just to see if something sticks because you're angry that you have to come to work, do your job and be there on time.

Now having said that .... I'm interested in knowing what civil or other forms of legal paths I have or can take in order to pursue this course.
It's apparent I'll need to hire an attorney in order to represent me, but, what I'm asking is what am I asking this attorney to do for me legally?

Please advise.

 

[quincy]

..
It's apparent I'll need to hire an attorney in order to represent me, but, what I'm asking is what am I asking this attorney to do for me legally?

Please advise.

Perform a miracle, perhaps?

You will be up against a fairly solid defense (i.e., privilege) if you decide to pursue a defamation action against the employee.

But you can have an attorney in your area review all facts to help you determine better if you have a legal action against the employee for making complaints against you.

Good luck.

 

[mzar48]

Do you really feel that if I have the documents provided to me, where the assertions are in print, and if I have supporting evidence against the claims and if I had statements from other employees, that I would still need to learn to walk on water?

What exactly is the privilege you're telling me? Are you saying that the individual has privilege to make erroneous, slanderous statements against me and I have no recourse?

 

[quincy]

... Are you saying that the individual has privilege to make erroneous, slanderous statements against me and I have no recourse?

Under certain circumstances, yes. An individual can make (what turns out to be) erroneous slanderous statements about you and you would have no legal recourse. The statements would be privileged and immune from suit.

The type of privilege that covers communications of the sort you describe, however, would be a "qualified" privilege, which can be lost upon a showing that the statements made were made with malice.

That said, you are now mentioning other employees. IF the one employee who is making complaints about you to the EEO has also told the same lies about you to coworkers or others - outside the formal complaints - then those lies potentially can support a defamation suit. Those comments would not be privileged.

You can have facts reviewed by a defamation attorney in your area to see if what has been said about you can be the basis for a lawsuit.