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Can I file a defamation case

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I live in Chicago suburb I was terminated from my employer because another employee says I threatened him and harassed him with bodily harm. He was a jerk and was constantly making sexist comments and disrespecting me I was stupid by not reporting him I did not want to be labeled as ME TOO. Human Resources told me, him and a few witnesses he presented to keep this confidential. The Employee handbook states that in these types of matters they will keep it confidential.

The employee that accused me is talking to other employees that were not part of the situation. He is elaborating lies and changing the story. This is hurting my reputation, through third parties I am getting notified that he is telling others the story his way or adding to it. I have also been reached by a few people on linked in asking what is going on with my situation.

I have information that reverses what the allegations and prove that what he is saying is lies. Can I file a defamation lawsuit? This guy is hurting my reputation.
 


PayrollHRGuy

Senior Member
You are free to file any suit you like. In order to actually win you will need to prove the statements are false and show a monetary loss because of the statements.
 
Question, can I claim the money I am loosing because I lost my job? My job denied my unemployment. I can have a few people speak to his spreading the rumors but could I subpoena others?
 

quincy

Senior Member
I live in Chicago suburb I was terminated from my employer because another employee says I threatened him and harassed him with bodily harm. He was a jerk and was constantly making sexist comments and disrespecting me I was stupid by not reporting him I did not want to be labeled as ME TOO. Human Resources told me, him and a few witnesses he presented to keep this confidential. The Employee handbook states that in these types of matters they will keep it confidential.

The employee that accused me is talking to other employees that were not part of the situation. He is elaborating lies and changing the story. This is hurting my reputation, through third parties I am getting notified that he is telling others the story his way or adding to it. I have also been reached by a few people on linked in asking what is going on with my situation.

I have information that reverses what the allegations and prove that what he is saying is lies. Can I file a defamation lawsuit? This guy is hurting my reputation.
Yes, you could sue for defamation and the loss of your job can be used to demonstrate both reputational injury and economic harm. The job loss supports compensable damages.
 
Thanks for all the help. I cannot afford the services of an attorney I plan on doing this myself not sure I can get much out of him but anything is better than nothing.
 

PayrollHRGuy

Senior Member
Please note that the OP's defamation claim, at least from what he wrote, is based on thing the other employee said AFTER the termination.
 

quincy

Senior Member
Thanks for all the help. I cannot afford the services of an attorney I plan on doing this myself not sure I can get much out of him but anything is better than nothing.
Defamation suits are not easy to pursue without legal assistance, especially if the other party has a lawyer, but it can be done with a lot of work and research.

Please note that the OP's defamation claim, at least from what he wrote, is based on thing the other employee said AFTER the termination.
The defamatory statements were first communicated to HR (and could have been protected by a qualified privilege if the privilege was exercised properly) but the employee continued to make statements about lorenzo after the meeting.

If as lorenzo says the statements made to both HR and to others were knowingly false at the time they were spoken, any qualified privilege that might have existed is lost.

It was the (defamatory) statements that led to the job termination.
 

commentator

Senior Member
Frankly, I would suggest that this OP move on and forget it. Get another job and forget any drama that has happened and anything that they're saying about you at this job. You have lost a job, you need money, you don't have a bunch to spend on an attorney, and you will get exactly no where trying to self represent and file a lawsuit to command someone to stop talking about you. Would this co worker have enough money to pay you lost wages in damages if you did win a defamation lawsuit? Do you have enough money to pursue this for months in the immediate future?

Anybody with a mouth can talk about you, and the more you keep involving yourself with this workplace where you do not work anymore and with these people who are no longer in your world, keeping this whole issue alive, the bigger and more active it stays.

If you've already been through the unemployment insurance process, my question is, Have you had the second appeal, the hearing? If so, and you didn't have enough proof that these things were complete lies and there was no valid reason for the company to fire you to convince the appeals officer there was a case, you would very likely not prevail in any other type of court situation. It is highly unlikely that these other people he is supposedly telling things to would be willing to testify to this in court.

It sounds like you are burning with indignation and a desire for revenge right now, which gives a certain credibility to the story that you threatened and harassed a co worker. The best revenge is to move on and do better, not camp there and try over and over to prove someone lied.
 

quincy

Senior Member
I agree that pursuing a defamation claim against anyone is going to be costly. And lorenzo would need witness testimony to support the fact that defamatory statements were spoken.

Regardless of what lorenzo's coworkers feel about what has been said about lorenzo or what they think of the alleged defamer, these coworkers can be reluctant to get involved or to testify against someone with whom they still work. They want to protect their own jobs.

It sometimes can be a tough call. But if the reputational harm is severe enough and affects his search for another job, lorenzo might find a defamation suit makes sense.

No one wants their reputation tarnished with lies.
 
Thanks for all the advice you all have valid points. To clear up I am a female, the person I am considering a case against is male. I have not gone through my second unemployment appeal yet I recently applied for my second appeal. I prayed and tried to let it go.

To Commentator: You might be right it may not be worth it . However it is making me work twice as hard so yes I am burning up and I do want revenge, but by no means does this give credibility to the story that I threatened and harassed a co-worker. That is a harsh statement to make when you do not know the complete story. The story is long and yes I stood up for myself and if that is considered negative by HR then so be it but what I did and said was all was justified was not just because. The people I worked with our friends some we live in the same town and I see them at stores, events, etc. Not easy to let just ignore and not see them.

I have to now work twice as hard, twice to get my unemployment, twice as hard to get a job and restore my reputation how is that something to just ignore and let it go. You are right The best revenge is to move on and do better, however when you cannot get a job, you are having to appeal unemployment, and some jobs are asking questions that relate to the defamation it is not easy to let go.and just move on.
 

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