Can I sue for defamation?

[LSUalum]

What is the name of your state? Louisiana
I was wrongfully accused of computer tampering by my company resulting in termination and arrest. The company’s computer network administrator lied regarding authorization that he had given me. Despite the arrest, charges have not been filed. Can I sue the network administrator for defamation? My understanding is that defamation requires 5 elements: defamatory words, publication (unprivileged), falsity, malice, and resulting injury. I feel that all elements were present:
Defamatory words – The network administrator accused me of unauthorized access of computer files, computer tampering, and use of spyware. Those statements were defamatory in that they injured my reputation, occupation, and public standing.
Publication – The network administrator communicated these statements to company management, which is not privileged communication.
Falsity – I can prove that the accusations are false.
Malice – By law, malice can be presumed since the statements were false. In addition, the network administrator’s statements were malicious as he attempted to cover up pornography distribution involving himself, his brother (HR manager), and his friends.
Resulting injury – I suffered loss of employment, emotional distress, damaged reputation, damage to future employment opportunities.

I realize that the company can not be touched since I was an at will employee. Can anyone please offer their opinion regarding this basis for defamation against the network administrator?

Thanks

 

[BelizeBreeze]

Since you already know the answer and are here to tell US what is the correct course of action, why should anyone bother responding?

 

[meganproser]

Despite the arrest, charges have not been filed.

What the heck does THAT mean? You don’t get arrested unless you are being charged.

Publication – The network administrator communicated these statements to company management, which is not privileged communication.

Yes, it is privileged.

Malice – By law, malice can be presumed since the statements were false.

Malice cannot be presumed. It must be proven. If you are saying that the facts of your case will show there is no possible way these allegations were made by MISTAKE, then I understand your feeling that malice will be “proven”.

In addition, the network administrator’s statements were malicious as he attempted to cover up pornography distribution involving himself, his brother (HR manager), and his friends.

Are you saying that his need to cover up his own activities led to his lies about you? If you can prove that the administrator had some personal reason to lie to management, his defense that his communications were privileged, would be destroyed.

I realize that the company can not be touched since I was an at will employee.

The company CAN be held responsible for injuries inflicted by one of their employees.

It's very hard to imagine you are really completely innocent of all charges and no one believed you.

 

[LSUalum]

Thanks for the comments meganproser. They are helpful and appreciated.

I was arrested, but have not been indicted with charges by the District Attorney's office (arrest was 11 months ago). The arrest was a felony arrest for computer tampering. After a 2 month investigation, the Sheriff's office submitted a misdemeaner charge of crimes against computer users with $0 damages. I rejected a pretrial offer from the D.A.'s office that would have stopped any charges from being filed and would have allowed expungement of the arrest record. I have no doubt that I can prove my innocence.

Company management never questioned me once regarding the computer tampering allegations by the network administrator. I did not initially report his pornography distribution since it involved nearly 30 additional people, including the HR manager who happens to be his brother.

There is a statute in Louisiana regarding the "Presumption of Malice" when the statement is proven to be false. I based my statement upon that statute.

Yes I feel that I can prove that he had personal reasons to lie to company management.

Company management did not give me the opportunity to be believed. They simply filed charges and terminated me based upon the network administrator's allegations. As a side note, I was a manager within the company and caught an employee of mine viewing pornography on the computer. The pornography was sent to him by the HR Manager, who, like I said earlier, is the brother of the network administrator.

Thanks again for the comments!

 

[rmet4nzkx]

Look up these terms and rethink your case re your state laws and ask your question again: respondeat superior and retaliation.

 

[LSUalum]

Thanks for the reply.

I did search my state's laws for the terms respondeat superior and retaliation. There is a section in the civil code titled "Acts of servants, students, or apprentices" which does apply the respondeat superior theory. Since the misconduct was definitely related to his course of employment, my employer can be held accountable. Thanks for the information.

All references to retailiation applied generally to public officials and did not seem to apply to my case. I have been told that malicious prosecution does not apply since I was not indicted (only arrested). Does defamation appear to be my best route?

 

[BelizeBreeze]

And what does ANY of this have to do with your ORIGINAL question?

 

[PhiKappaPhi]

network administrator

It appears as if you already know the answer. If the elements are met, you may have a cause of action. It will cost you a minimum of $5,000 to sue. At will employees may have rights to sue under certain circumstances. If the termination violates public policy, one may sue. I cannot say that your former employers violated a public policy, this is just FYI.