Do I have a case for libel/slander/defamation?

[ault1027]

NEVADA
I've worked in a hotel for nearly 5 years. A semi-regular client who lives out of state and I corresponded by email. When he wanted to become more than just friends I told him we could not continue to have contact any longer. He got very upset and has written letters, emails and made phone calls to my direct managers even all the way to the CEO of the company. He made claims I tried to get $5,000 from him and demanded that I be fired. The hotel completed an investigation with security and their legal department and I was cleared of any and all accusations from this man. The hotel called him and explained NO disciplinary actions will be taken against me. I was not forced to take any time off, but I did need some time due to the stress while the hotel investigated the complaints. Do I have case against this person?

 

[Belle360]

No you do not have a strong legal case. Basically, internal employee investigations do not mean a "Hill Of Beans" in a Court of Law. Employers conduct investigations in many cases to protect themselves from potential liability if they are sued. Even if an employer may feel the employee did engage in misconduct, they will not disclose this to the complaintant. Just because your employer claimed that THEY did not find you guilty of any "Wrong Doing". It does not mean that you did not commit the act. Employers will commonly tailer an internal investigation to favor the employee. This is a common tactic in case a Law suit is filed by the complaining party. You have no idea what evidence or facts the other person in this case has. There are Two sides to every story.

Also, any one can file a complaint against an employee. It is the employers obligation to investiagte and resolve the issue. Either the allegations were true, unfounded, or false. You can not sue for someone filing a complaint. as far as contacting other managers within the company. The complaintant can contact whomever they wish with in the company if they feel it might bring quicker or more accurate results. No Legal case here.

 

[BelizeBreeze]

What was the exact language of the claim made against you?

 

[BelizeBreeze]

Eventhough you were cleared by your employer doesn't prove anything in itself. It doesn't prove innocence or guilt. It is obvious your employer is trying to shield themselves from any liability from this other person if the issue was taken further.

wait until I receive the answer to my question. That will tell us what the next step should be.

 

[andrew070]

Eventhough you were cleared by your employer doesn't prove anything in itself. It doesn't prove innocence or guilt. It is obvious your employer is trying to shield themselves from any liability from this other person if the issue was taken further. I am sure your HR dept received instructions from the Legal dept on how to pursue the allegation and how to respond to the person who filed the complaint. Being cleared, doesn't mean a thing. It shows your company met their obligation to investigate a complaint that is all it proves. Companies will place the burden of proof on the other party. I am sure they are hoping the issue is not re-opened by the individual that complained. Next Question.

 

[hazeysky]

ault1027,

I HAVE A QUESTION FOR YOU? WERE YOU USING THE COMPANY TECHNICAL RESOURCES TO COMMUNICATE WITH THIS CLIENT/FRIEND? WAS THE EMAILING DONE FROM WORK? IF SO. ISN'T PERSONAL USE OF THE EMPLOYER'S COMPUTER A VIOLATION OF COMPANY POLICY?

 

[BelizeBreeze]

ault1027,

I HAVE A QUESTION FOR YOU? WERE YOU USING THE COMPANY TECHNICAL RESOURCES TO COMMUNICATE WITH THIS CLIENT/FRIEND? WAS THE EMAILING DONE FROM WORK? WHATEVER THE RELATIONSHIP WAS BETWEEN YOU AND HE??

Turn off the all caps and none of this matters. PERIOD!

 

[hazeysky]

Ok. No more caps. I know the computer issue is not really revelant, but I just felt like throwing it in anyway. I feel there is more to the story than what is being presented here. I would be anxious to get more details. Only time will tell.

 

[tessa]

Your Post is not all that clear on what the accusation was?
In reading the replies to your post I agree with the following statements:

1. Yes, your employer has an obligation to investigate any and all complaints. If the employer overlooks any complaints or fails to act appropriately, this opens them up to "Liability".

2. Even when an employer initiates an investigation, it does not completely protect them from a liability action in the future. It only demonstrates that it was not ignored and they acted appropriately.

3. True, (unless the act was criminal in nature), the employer may come to a decision which favors their own employee, especially if the complaint is from an outside source (a non-employee). Reason- If wrong doing was found, by disclosing this information to a third party/ the one who filed the complaint, they are inviting a Law Suit by admitting wrong doing.

4. True, in general internal employee investigations do not hold much weight outside of the company. The investigations are conducted to cover the employers butt, if the issue ends up in court.

5. In a Court of Law, Judges and Jury's know all to well that employee investigations can not be used as a deciding factor in Civil litigation. The evidence will be the key factor in deciding a case, not what the company claims.

6. Being cleared of "Wrong Doing" by your company & security department, means very little except that your employer investigated and felt that what ever evidence was looked at, that it was not sufficient to warrent disciplinary action. Again, this is your employers opinion, not Law.

7. In this case the complaining person is at a disadvantage because they were not present during the investigation. Your company could tell he or she anything weather it is true or not. However, the other party has th eLegal right to challange the investigation and present their evidence if a Civil suit is filed.

8. You can not sue someone for filing a complaint against you with your employer. Any one is free to file a complaint if in fact they have a reason to believe or sufficient cause they were wronged in the situation.

9. It does not matter weather a person complains to your CEO, the CFO, HR, or the maintenance man. A complaint may be made with how ever many people the person chooses to contact, you have no control over the matter and no Legal recourse at all.

10. Remember- "Unfounded" does not mean "Innocent"
Being Cleared- "Does not mean "Innocent".

 

[ironman]

Company investigations are just that 'in house company initiated investigations'... i am in agreement with the majority here. These investigations mean 'zero' other than the employer inquired in to an allegation. Any Attorney will tell you, if an employee did commit a wrongful act, the employer will deny any wrong doing especially when the person who filed the complaint is a non empoyee. Employers have much more to worry about from an outside complaint. If the complaint was made by another co worker, the employer has much more control over the situation and can keep the issue isolated. An outsider may pursue the complaint issue further, the employer has no control or authority over a non employee so they have to be more careful what they tell them. The person who complained about you may have proof already which would refute the company claims. A person weather they are another co-worker or an outsider has a right to file a complaint for an employer to investiagte or as Attorneys refer to as "Placing the employer on notice".... You have no legal issue to pursue in this situation.. If in fact you did do what the person accused you of, the person can legally pursue legal action against you and possibly your company depending on the nature of the accusation. Did the alleged incidient occur on company time, on company property etc.... Something that you did point out in your post 'being cleared'. This is telling because you are admitting that something did in fact occur with the person who made the complaint. You were 'cleared' by whom 'your employer' 'big deal'.... apparently something occured????/ Not clear on one other thing? Are you sure this time 'you took off from work' due to the investigation wasn't a 'suspension'??

 

[demartian]

Policy

For the questions of: Did the alleged incidient occur on company time, on company property etc...

Using company time and resources would be a company policy and could get you fired, but not arrested or really matter here. While it could mean they have copies of your e-mails or videos, it would not be a legal issue unless that proof showed you did something illegal. It also wouldn't clear you if it didn't exist since as others have noted, this was not an official investigation.

 

[beta]

After reading your post I will say that you seem very very naieve. Companies will clear employees of allegations as long as they are not criminal. The Legal council I am sure told your HR and Security dept, exactly how to respond to the complaining party (everybody knows that). Your information given about the situation is sketchy and vague to say the least. How can you expect sound legal advice and opinions if you aren't willing to tell the whole story, all the facts, the true facts. I would guess you are guilty of some action. Your Company found a way around whatever you did, to make a statement saying you were cleared. It looks nicer in your HR file.

Most reasonably intelligent people would say that in most cases a person wouldn't go to the bother of filing a complaint with someone's employer if something didn't take place. It sounds like something did occur. If the other person felt that the alleged action took place while you were at work: then they had every right to report it to your employer. I wouldn't remain on cloud nine for long if I were you. The other person involved may not be satisfied with the conclusion and has every right to reopen the Investigation.
As far as complaining to various managers. You have no say in that at all. The person complaining can contact every manager in the company if they feel the need to.

Your employer's conclusions don't mean squat!! Your employer doesn't care about you and they don't care about this other person. The company cares about only making money and protecting themselves! Keep that in mind! Your employer is trying to remove themselves from the issue (because of liability)! They seem to be trying to make it more of an issue between you and this other person (personal)! Which is what their legal reps told them to do.

It seems like you are under a misconception that your employers conclusion is like law! far from it. It is their own company internal findings, nothing more! Being cleared is no defense. We really don't know what the other person involved in this would say about the whole thing. Answering your question: You have no grounds to pursue any case with what you explained in this forum. The other person may reopen this issue if they chose to. Which probably wouldn't be in your best interest!