Defamation in the workplace.

[ad-em]

What is the name of your state? Complicated...see below.

My question is slightly complex. First, I am a US civilian working in Iraq, we used to have another guy out here but he was sent home due to customers be unhappy with his performance. Once he arrived home in CA he began to spread rumors that are completely unprovable and false statements about me, things that directly speak of my professional status and ability in a negative light. His company has set out two other guys in recent months all of which have told me things the first guy that got sent home said. Many of these things paint me in a very unfavorable light and according to the two others I have spoken with were said in the company of supervisors. I am concerned that while I am not in the states to directly confront him people may actually be buying what he is saying and it may be impacting my career. Do I have standing and should I consult a lawyer for defamation? Also, what and how would I go about proving what he said impacted me adversely, or would I at all. I suppose if it went to court the two other employees could be subpoenaed and would have to testify as to what they were told as could the supervisor in question. But do I need to prove that his statements some how caused me distress or a negative career impact? Lastly, because what he is saying is a result of something that happened outside the country and he lives in TX while working in CA and I am a resident of SC and work in offices in VA how complicated could this get?

 

[seniorjudge]

This is a very common question and the answer is simple:

Hire a lawyer ($20K if cheap) and set aside some time (3 years if quick) and have the courts tell you if it is defamation.

Of course, that won't stop the bad guys from spreading untruths.

 

[quincy]

Your major burdens will be proving that what you were told was said about you by this former co-worker was, in fact, said (and you have at least two witnesses who can testify to that fact), and then demonstrating that you have suffered reputational injury as a result of the comments made.

This may be difficult, since there is no indication (yet, at any rate) that the words of this co-worker have had any impact on your supervisors' opinion of you or your work. The supervisors may very well consider the comments made only the creative "product" of a disgruntled worker sent home for inadequate service while in Iraq, and not an accurate reflection of you or anything you have done.

At any rate, an attorney in your home state of South Carolina could help you work out the logistics of suing someone in a different state should it come to that. I am not at all sure, at least from what you have posted here, that the comments made will have the adverse effect on you and your career that you currently fear.

Stay safe!