Is this defamation of character?

[jd77]

Schrader v. Eli Lilly Comp 639 N.E.2d 258

In above case 6 employees were fired for theft.People were told but Lilly was protected by qualified privilege.That an the rumors or info was TRUE waswhat lost them this case,in my understanding.
So here I have been falsley accused of a crime thus resulting in a background check thus resulting in termination,,,,BUT this was let out that i was gonna be fired BEFORE the police had seen video in question???(which has been going on for 1 week now an i have yet to hear from a detective or the police.
I made a call to the CO,an she dais they cant confirm or deny these rumors but she knows i was not fired for theft
i'll give ya this much for your thoughts$$$$$$$$$$$$$$$$$$$$$$$

 

[jd77]

jobs.....

I have looked around.
I've ran into people @ gas stations that have heard about this. I'm scared to put apps in cause if the find out then they will be another peorson to believe this horse!#@!
Should i be out looking ,i relize that could add to my case but i could also be destroyed more so then I already am.....
what to do???????????

 

[quincy]

Thanks for the $$$$$$$$$$$$$$$$$$, jd. I'll see if the Porsche dealership will take it!

As I said earlier, it will be hard to prove you were fired based solely on the employer's belief you stole an employee's wallet - your lie on the application is a legitimate reason for letting you go. For this reason, you will have a hard time showing "actual" damages - the loss of your income - as a result of the defamation.

I think it would help if you start applying for jobs, and see what comes from it. If your former employer says anything to a potential employer about you being involved in the theft of the employee's wallet, then you can use this in any defamation action. If you are denied employment based on what has been said about you in the community, then you can use this in any defamation action.

With defamation, if one person makes a false and defamatory comment about someone, and then others repeat this defamatory comment, ALL are guilty of defamation. Certainly the one who said it first is most culpable, but this does not entirely eliminate the culpability of others. In other words, if your employer told the victim you were the thief, and this victim then told employees you were the thief, and these employees in turn told people in the community you were the thief, all are guilty of defamation. The person you would want to sue, however, would be the one who said it first, or who spread it to others afterwards - the Director and the victim are the ones most responsible for damaging your reputation. The defamatory comments about you were negligently spread.

What you will need to do, more than likely, is to wait for any investigation that is being conducted to be concluded. If the police say there is no evidence that you stole the wallet, those who have called you a wallet-thief are guilty of defaming you. Your injury is your loss of employment and damage to your reputation in the community.

 

[seniorjudge]

Maybe mine will arrive soon?

It is in the mail.

And I swear by all that is good, true, and honest.

Love,

Barak
Hillary
John
and
Mike

 

[quincy]

Oh dear. I am supposed to trust the word of a politician on this???

 

[jd77]

rock and a hard place

Ok now this is where it gets fun.I am not proud to say but i usually don't tell truth on apps about my past for the length of time that has passed.So I go an tell other possible employers that I was fired for not being honest about my past?OMG I'll never get a job.Truth is always best but im 31 an did these things when i was 17 an tried when i was 18.Or maybe i should find the apps that ask about convictions in last 7 years??? Then i wouldnt have to lie**************......
thoughts anyone???

 

[quincy]

Well, I believe honesty is always best. It may limit who will hire you, but I think it is better than being fired for not being up-front about your past.

There is usually space on an application for you to explain your answers more fully. I would stress how young you were at the time of your original arrest, and how you have stayed out of trouble since then. And, when listing your former employment, if there is anyone you can put down from there who will give you a good reference, that could help, as well (obviously avoid putting down the wallet-victim's name ).

Filling out new applications completely and honestly, I know, will complicate any defamation action you may want to take against your former employer. It will be hard to show if it is the current wallet-theft that is leading to any denial of employment or your past record. If you are turned down for a job, however, you should contact that employer for the reason. If it is because of what your former employer says about the wallet theft, that bolsters your case for defamation. If it is because of your past record. . . that sucks. Actually, they BOTH suck, but one can help you more than the other.

Wait for other responses here, though, jd. Other forum members may have some brilliant suggestions for you that I, obviously, don't have.

Edit to add: There is a possibility of having your record expunged under some circumstances, whether you were adjudicated as a juvenile or an adult. If you have only one conviction - and it was not a felony that could have led to life imprisonment, or a criminal sexual conduct crime - and it has been over 5 years since you were released from jail, there may be a chance to get your record expunged, which means you would not have to report it on employment applications. It may be worth it for you to contact a lawyer on this.