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Can I file a defamation case

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quincy

Senior Member
A defamation suit might make sense for you. You might want to have a consultation with an attorney in your area who has experience with defamation/intentional tort cases. The initial consultation should be free.

Good luck with your appeal and with your job search.
 

commentator

Senior Member
I worked many years in unemployment insurance. The employer is not the entity who gets to decide if you get your unemployment insurance. When a person is terminated and filed a claim, the agency contacts both parties and determines from the information provided whether or not the employer appears to have had a valid misconduct reason to terminate. If a former employee draws unemployment insurance it costs the company money, so they are not excited about this happening.

The evidence that the person has been terminated for a valid misconduct reason is reviewed by the agency, giving the same weight to the testimony of the employer, who tells why they terminated the person, and the story told by the former employee. You told unemployment insurance how you were lied about, how this person told stuff that wasn't true against you, etc. and whether or not they find this story believable has nothing much to do with what the employer wants or what the person you have this problem with says. The company, of course has the option to respond with all the testimony they have about what happened, their determination about who was at fault, whether or not, in their opienion you committed misconduct. The agency goes with the more believable of the two parties. You have several levels of appeal.

Winning at this level is pretty much your first hurdle. If you can participate in the appeals hearing, tell your story about what happened, and end up being approved for unemployment insurance, it would be a pretty good indicator that there is some evidence your story has weight. You were harassed, you did not do what you were accused of doing, which was threatening and harassing the other party here in an inappropriate or unprofessional way.

Could you please explain at what point were you fired or you quit the company? It is a little confusing, when reading the information provided. So he was making up stories, telling HR that you had threatened and harassed him, and at that point the company believed him, and you were terminated? Or your quit? It isn't clear exactly what happened. And then he's still doing it, and you have proof of this, and he's keeping you from getting other jobs because of this, and it is still causing you reputational damages? Libel and defamation are all about damages incurred.

Not being approved for unemployment will not be considered as one of those damages in most circumstances, since it is not between you and him whether or not you get unemployment, but between you and the company, determined by and only relevant in the unemployment system. Incidentally, telling lies inside the closed system of the unemployment claims department isn't really something that you can sue someone for. It is expected that when the interests of the company and the claimant diverge, it usually works out that the appeals officer goes with the "more believable' of the two parties.
 

quincy

Senior Member
... Libel and defamation are all about damages incurred. ..
"Libel" is the written form of defamation. "Slander" is its oral form.

And "defamation" is communication which exposes a person to hatred, ridicule or contempt, or lowers a person in the esteem of others, or causes the person to be shunned, or injures the person in his/her business or calling.

Defamation is all about reputational injury not damages.

lorenzo is claiming she was slandered.

In a defamation suit, she would need evidence that false statements were made about her. This can be through witness testimony.

It is up to the defendant/defamer to provide a defense (truth, opinion, privilege ..). The defendant, too, can use witness testimony in support of his defense.

What a defamation suit would do that the HR investigation and the unemployment office didn't do is make the speaker of the (defamatory) statements defend the statements he made - prove the words he spoke were true or pure opinion or privileged ... or not defamatory.

It will be up to the judge and jury to decide if the words communicated were defamatory after analyzing the context in which they were spoken and any extrinsic facts.

Damages awarded can include compensation for actual measured economic losses (e.g., loss of wages or promotion) and compensation for the less tangible mental anguish and suffering and reputational harm. Punitive damages can also be awarded.

In other words, it will be in a court that lorenzo's coworker will be held to answer for his statements.
 
Question my company has these statements in their employee handbook and code of conduct of conduct Do they have a responsibility to keep my matter confidential

Employee Hand Book
Complaint Procedure
Employees who wish to register a complaint of any form of harassment based on their race, creed, religion, color, age, national origin, gender, sexual orientation, genetic information, ancestry, marital status, military discharge status, veteran status, citizenship status, mental or physical disability, or other characteristic protected by law), or who wish to inform Company that conduct violating this policy may be occurring, may do so through Human Resources, their supervisor or any appropriate member of management, or by calling the Confidential Reporting Hotline.
All allegations of harassment will be investigated thoroughly. The facts will determine the response of the Company to each allegation. Substantiated acts of harassment will be met with appropriate disciplinary action by the Company up to and including termination. All information regarding any specific incident will be kept confidential within the necessary boundaries of the fact-finding process. No reprisal or retaliation against the employee reporting the allegation of harassment will be tolerated.

Code Of Conduct
Confidentiality
As part of our Company’s commitment to ethical and legal conduct, each of us must promptly report any known or suspected violations of the law or our Code by a Company person or agent. Our Company will treat reported information in a confidential manner to the extent allowed by local laws, and will always uphold our commitment to our non-retaliation policy.
 

quincy

Senior Member
Question my company has these statements in their employee handbook and code of conduct of conduct Do they have a responsibility to keep my matter confidential

Employee Hand Book
Complaint Procedure
Employees who wish to register a complaint of any form of harassment based on their race, creed, religion, color, age, national origin, gender, sexual orientation, genetic information, ancestry, marital status, military discharge status, veteran status, citizenship status, mental or physical disability, or other characteristic protected by law), or who wish to inform Company that conduct violating this policy may be occurring, may do so through Human Resources, their supervisor or any appropriate member of management, or by calling the Confidential Reporting Hotline.
All allegations of harassment will be investigated thoroughly. The facts will determine the response of the Company to each allegation. Substantiated acts of harassment will be met with appropriate disciplinary action by the Company up to and including termination. All information regarding any specific incident will be kept confidential within the necessary boundaries of the fact-finding process. No reprisal or retaliation against the employee reporting the allegation of harassment will be tolerated.

Code Of Conduct
Confidentiality
As part of our Company’s commitment to ethical and legal conduct, each of us must promptly report any known or suspected violations of the law or our Code by a Company person or agent. Our Company will treat reported information in a confidential manner to the extent allowed by local laws, and will always uphold our commitment to our non-retaliation policy.
The company should adhere to their written policies but (generally) are not legally required to.

It was not the company that violated the company policy in your case. It was the coworker who did so. The company can choose to discipline the coworker - or not.
 

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