Defamation

[electric_W]

especially when the third party is my employer

 

[PayrollHRGuy]

Whether or not anything she said was true, the fact that a neutral third party was contacted is that problem I have.

If you now or at some point can prove you were damaged by her calls or emails then you can take action.

 

[PayrollHRGuy]

But let me add. Employers get these sorts of calls from exs all the time. They generally ignore them and the bigger the company the more they ignore them.

 

[electric_W]

Thank you for the info. I will check into this more and update

 

[cbg]

My perception of their response, as an HR person, is as follows: "We got this phone call. We don't like getting phone calls of this nature. We're going to ignore it this time. Don't let it happen again or there will be repercussions".

 

[quincy]

My company told me they would investigate if it continues. But I am worried about repercussions/personal damage that cant be proven at this time because my supervisors are privy to this initial email and phone call

I don’t think you should wish for your employer to investigate. The investigation will most likely be into you and your job performance and if you are someone they really want to keep around.

Again, employers DO NOT want to be involved in the personal disputes of their employees.

Try to resolve the argument with the person as soon as possible. Contact an attorney in your area. https://www.attorneypages.com

 

[zddoodah]

Nothing has happened that raises any legal issue, and it's possible nothing may ever happen.

However, since you mentioned it, defamation is the making of a false statement of fact (not opinion) to at least one persons other than the subject of the statement, and which causes harm to the subject's reputation. In most cases, the plaintiff must prove actual monetary damages.

If something more happens, then you can deal with it. Until and unless nothing more happens, you are not in need of any advice.

 

[quincy]

A link to defamation law in Arizona, and advice, was already provided.

There IS a problem that needs resolving. It is the argument with the other person that led to this person sending something to electric_W’s employer.

To repeat what was earlier advised: Send a cease and desist letter to the troublemaker, with the threat of a lawsuit should the employer be contacted again.

electric_W could send his/her own cease and desist letter but these letters are more effective when coming from an attorney. The recipient of an attorney letter is warned that an attorney already has been contacted about the matter. This implies that there is greater risk of a lawsuit.

Should employer action be taken against electric_W over what was said in the email, a defamation suit might be possible. It would depend on what was said, why it was said, and the truth or falsity of what was said.

 

[Zigner]

A link to defamation law in Arizona, and advice, was already provided.

There IS a problem that needs resolving. It is the argument with the other person that led to this person sending something to electric_W’s employer.

To repeat what was earlier advised: Send a cease and desist letter to the troublemaker, with the threat of a lawsuit should the employer be contacted again.

electric_W could send his/her own cease and desist letter but these letters are more effective when coming from an attorney. The recipient of an attorney letter is warned that an attorney already has been contacted about the matter. This implies that there is greater risk of a lawsuit.

Should employer action be taken against electric_W over what was said in the email, a defamation suit might be possible. It would depend on what was said, why it was said, and the truth or falsity of what was said.

I don't disagree that a cease and desist from an attorney can oftentimes be effective. I do question the effectiveness of such a letter for a truly crazy ex...

 

[quincy]

I don't disagree that a cease and desist from an attorney can oftentimes be effective. I do question the effectiveness of such a letter for a truly crazy ex...

Truly crazy exes are definitely problematic.

Ordinarily I would recommend ignoring all communications from a crazy ex but the ex has apparently now decided to involve the employer - and that makes it more important to seek a quick resolution.

The goal should be to keep the personal dispute from spilling into the workplace from now on. An attorney-drafted cease and desist letter can be one way to do that and the letter from an attorney can be smart when other means of resolving the argument have failed or could spawn the issuance of a restraining order.

I don’t see another better option, other than electric_W seeking his/her own protection/restraining order against the ex. There does not appear to be quite enough to support a lawsuit at this point, although electric_W could explore options with his attorney.