Defamation/Slander issue/question

[socal1223]

What is the name of your state? Oregon

I was employed by a non union municipality. I was terminated by my supervisor 1 month before my probation was up. I was an at will employee at the time, I understand I could have been fired on the spot for anything so I accepted that. But, when my employer terminated me, he drafted a two page letter giving 20+ reasons why he was terminating me. The letter stated I had received disciplinary actions for these 20+ in the past. I had never even performed any of these actions nevermind EVER getting written up for them. I requested my personnel file when I was terminated and my file was absolutely clean, no disciplinary write ups, anything. Do I have grounds for a defamation/slander lawsuit seeing as I never performed these actions yet was documented in writing for performing them? Thanks.
Paul

 

[cbg]

Not based on what you have posted. Something he puts in your personnel file has not been published; nor have you suffered any damages specifically because of that document.

 

[storminnorm11]

Connecticut

Well he/she was terminated and it seems it was because of what was documented. Since he/she was "at will", couldn't the employer have just terminated without "making up" and documenting those actions? By documenting those supposed lies, and if they were found to be lies, wouldn't that hold ground? Also, wouldn't the damges be a termination from a job? Slander being the lies and the lost wages or loss of a future career etc? I don't know about this one.

 

[quincy]

Did your former supervisor give only you a copy of this two-page letter, or did he forward the letter to someone else as well?

If this letter contained false and defamatory information about you, but you were the only person to see it, cbg is right about what she posted. It would not be libel (libel is written defamation; slander is its spoken equivalent). And if your personnel file does not contain a copy of this letter or any false disciplinary write-ups, there is no reason to suspect anyone else will see this false information, believe it, or pass it on to others.

An employer could make up 50 different reasons for letting a person go, and it really wouldn't make a difference usually - because he doesn't need any reason, legitimate or otherwise. However, if the employer is required to justify letting a person go before he can fire him, to his own superior for instance, and he uses this two-page letter and these false reasons as justification, then there is the possibility of a libel action. And storminnorm11 touched on that in his post.

In addition, if when applying for other jobs you discover that this former supervisor is telling your potential employers the same false and defamatory things about you and your work that were written up in the letter, then you have a potential slander action there. Your former supervisor can freely express his opinion of you as a worker, even if what he says is mean, but he cannot state false facts about you.

The comments made by your supervisor, finally, would have to be shown to have injured your reputation - to the extent that you were passed over for employment based on the defamatory comments made, thereby suffering a loss of income or potential income.

Proofs, especially for slander, aren't easy to obtain, and defamation actions are extremely expensive to bring, and there is never a guarantee of a win. And in your situation, there are a lot of unknowns. At this point in time, with the information you have provided in your post, it seems unlikely that any defamation action would be successful, but you can always consult with an attorney in Oregon.