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Could this be a case of defamation?

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tati24

Junior Member
What is the name of your state? FL
I got fired from my job as a contractor without any warning and the reason that was stated to my contracting agency was poor job performance. I was fired after not submitting some paperwork on time for a client, which cost the company $12,000. This new field I’m in, mistakes will happen and they will be costly to the company however, both the employees and company do their best to mitigate them.

I’m not disputing the mistake however, I am claiming that I received poor training in my position. We received this project when I was 4 months on the job and the mistake was caught 5 months later. I’m not sure if it’s fair to say poor performance on something I had no idea I had to do. Had I be properly trained, I would have known what to do and submitted the correct paperwork on time.
In actuality, I did submit the paperwork but what I submitted wasn’t enough.

The irony is that when we received the project, I specifically asked my coworker who was training me at the time, if there was anything in particular I needed to know or if there was anything different about it, since this particular project was highlighted in our meeting and she said no, it’s just the usual.

So I just proceeded as usual not knowing there was an additional submission that needed to be made.

When my coworker found out about the mistake and let me know, I wasn’t even aware of what she was referring to as I never had to do that before.

When I said that to my coworker, she said I should’ve noticed something was different and asked her what to do. But I did ask in the beginning when we received the project, if we needed to review it together and she said I was fine. I even still had our Teams chat communication to prove that I did ask her.

So the day the mistake was found, my account was deactivated as soon as I logged off and my agency contacted me to tell me I got fired. My direct supervisor never reached out. I’m assuming my coworker and her had a discussion about the matter, but I was never included in that discussion and nobody bothered to hear my side of the story. My coworker also never let me know what was going on. I was fired and told not to contact anyone from the company.

So fast forward 4 months later, I got a job offer and they will be running a background check. If my ex boss mentions I was fired due to poor performance and I don’t get the job, do I have a case for defamation since they never bothered to find out how/why that mistake happen?

This was an at-will contract so I guess they didn’t even have to let me know I was getting fired, although I would think decent people would, but I have my email exchanges with my coworker telling me to proceed as usual with this project. So I can definitely say I wasn’t properly trained.

Also this isn’t the first mistake with my coworker. The very 1st project she trained me on, some account numbers were not properly entered into a system which caused $2500 to the company. I had to make that costly mistake to learn never to type in account numbers. Those should be copied and pasted. My coworker has been with the company for 15 years. In my discussion with my supervisor, she did say that my coworker should’ve also paid attention, seeing I had just started.
I’m not saying I’m not at fault in any of these issues as I should’ve probably be more careful. I helped improved their systems and taught the team how to use Sharepoint and Teams to increase efficiency, as well as a few other things that I helped improved, such as the platform where our projects were saved etc...So I don’t know if it’s fair to say poor job performance and get fired over something I had no idea I had to do.

I also realize there are basically 2 costly mistakes under my name so it may be impossible to prove defamation.
 


quincy

quincy

Senior Member
tati24 said:
What is the name of your state? FL
I got fired from my job as a contractor without any warning and the reason that was stated to my contracting agency was poor job performance. I was fired after not submitting some paperwork on time for a client, which cost the company $12,000. This new field I’m in, mistakes will happen and they will be costly to the company however, both the employees and company do their best to mitigate them.

I’m not disputing the mistake however, I am claiming that I received poor training in my position. We received this project when I was 4 months on the job and the mistake was caught 5 months later. I’m not sure if it’s fair to say poor performance on something I had no idea I had to do. Had I be properly trained, I would have known what to do and submitted the correct paperwork on time.
In actuality, I did submit the paperwork but what I submitted wasn’t enough.

The irony is that when we received the project, I specifically asked my coworker who was training me at the time, if there was anything in particular I needed to know or if there was anything different about it, since this particular project was highlighted in our meeting and she said no, it’s just the usual.

So I just proceeded as usual not knowing there was an additional submission that needed to be made.

When my coworker found out about the mistake and let me know, I wasn’t even aware of what she was referring to as I never had to do that before.

When I said that to my coworker, she said I should’ve noticed something was different and asked her what to do. But I did ask in the beginning when we received the project, if we needed to review it together and she said I was fine. I even still had our Teams chat communication to prove that I did ask her.

So the day the mistake was found, my account was deactivated as soon as I logged off and my agency contacted me to tell me I got fired. My direct supervisor never reached out. I’m assuming my coworker and her had a discussion about the matter, but I was never included in that discussion and nobody bothered to hear my side of the story. My coworker also never let me know what was going on. I was fired and told not to contact anyone from the company.

So fast forward 4 months later, I got a job offer and they will be running a background check. If my ex boss mentions I was fired due to poor performance and I don’t get the job, do I have a case for defamation since they never bothered to find out how/why that mistake happen?

This was an at-will contract so I guess they didn’t even have to let me know I was getting fired, although I would think decent people would, but I have my email exchanges with my coworker telling me to proceed as usual with this project. So I can definitely say I wasn’t properly trained.

Also this isn’t the first mistake with my coworker. The very 1st project she trained me on, some account numbers were not properly entered into a system which caused $2500 to the company. I had to make that costly mistake to learn never to type in account numbers. Those should be copied and pasted. My coworker has been with the company for 15 years. In my discussion with my supervisor, she did say that my coworker should’ve also paid attention, seeing I had just started.
I’m not saying I’m not at fault in any of these issues as I should’ve probably be more careful. I helped improved their systems and taught the team how to use Sharepoint and Teams to increase efficiency, as well as a few other things that I helped improved, such as the platform where our projects were saved etc...So I don’t know if it’s fair to say poor job performance and get fired over something I had no idea I had to do.

I also realize there are basically 2 costly mistakes under my name so it may be impossible to prove defamation.
Click to expand...
No. It is not defamation if what has been said about you is true or substantially true. You admit to the mistakes.
 
T

Taxing Matters

Overtaxed Member
Defamation occurs when one person tells another a false statement of fact about you that damages your reputation. So if a statement of fact about you is true, that's not defamation. And if the statement is opinion rather than fact, it is also not defamation. True statements and opinion can certainly hurt your reputation, but those statements you can't do much about, at least not with any legal action.

Here the statements made about you were apparently true. You made mistakes in not submitting timely reports, etc. Since those statements are true, they are not defamatory. Your complaint is not one of defamation, but that you made the mistakes because the company did not provide you sufficient training/guidance on what you were to do. That may be true, but that's not something for which you may successfully sue. Some companies suck and just throw new employees into the fray without much training or guidance and expect you to either already know what to do or pick it up on your own. That's not illegal. Just poor management. Maybe getting fired from this job will long term prove a blessing — you may get a new job with a company that doesn't suck and be much happier.
 
Shadowbunny

Shadowbunny

Queen of the Not-Rights
tati24 said:
Let me first thank all you guys for your erroneous opinions.

Before you people go ahead and voice your opinions on a topic, just make sure you at least KNOW what you are talking about. Otherwise you are just wasting the OP’s time.
That being said, personally, you will never see me affirm things on topics without having all the facts. Most of you guys here don’t seem to have any problems with affirming things out loud just to be heard, or just for the sake of saying something for the record.

I guess I shouldn’t have been surprised by the comments here, knowing that this is a public platform where anybody can say whatever is on their mind, without knowing what the heck they are talking about.

You guys clearly need to stop reading whatever books you’re reading, or just stop whatever you are doing that makes you assert such opipnions without having any facts. And CBG, please refrain from just going with the flow on certain topics; you were almost on the right track until you chose to go with the flow, because I do have a case according to the EEOC and lawyer.
Click to expand...


After you were so rude in your previous thread, why should the volunteers help you now?
 
T

tati24

Junior Member
Taxing Matters said:
Defamation occurs when one person tells another a false statement of fact about you that damages your reputation. So if a statement of fact about you is true, that's not defamation. And if the statement is opinion rather than fact, it is also not defamation. True statements and opinion can certainly hurt your reputation, but those statements you can't do much about, at least not with any legal action.

Here the statements made about you were apparently true. You made mistakes in not submitting timely reports, etc. Since those statements are true, they are not defamatory. Your complaint is not one of defamation, but that you made the mistakes because the company did not provide you sufficient training/guidance on what you were to do. That may be true, but that's not something for which you may successfully sue. Some companies suck and just throw new employees into the fray without much training or guidance and expect you to either already know what to do or pick it up on your own. That's not illegal. Just poor management. Maybe getting fired from this job will long term prove a blessing — you may get a new job with a company that doesn't suck and be much happier.
Click to expand...
Thanks for your response. I guess I understood the FL defamation law differently. I will see what happens next week. I did not provide the name of the supervisor but It’s the agency’s info so hopefully they’ll just verify employment and not get into details.
 
quincy

quincy

Senior Member
tati24 said:
Thanks for your response. I guess I understood the FL defamation law differently. I will see what happens next week. I did not provide the name of the supervisor but It’s the agency’s info so hopefully they’ll just verify employment and not get into details.
Click to expand...
A lot of people misunderstand what defamation is. There can be injury to one’s reputation that is caused by another’s false statements - and those statements potentially can be judged defamatory. There can also be injury to one’s reputation caused by true statements - but those statements are never defamatory. Truth is an absolute defense to claims of defamation.

I hope you find success in your next job.
 
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