Is this grounds for Defamation?

[LilSty]

What is the name of your state? CO

If an individual or representative of a company sends an e-mail to my present employer/boss containing accusations of misconduct (performance related) that are untrue and able to be proven so by statements of parties referred to in this e-mail, and this e-mail leads to a written e-mail warning delivered by my current employer to me, is that grounds for either a suit or at least a letter from my attorney that would let the person/business sending the e-mail to my employer know that such conduct in the future will be acted upon if it continues or happens again? I should add that the company sending the e-mail is a company that I previously worked for and that the accusations surround incidents not from my past employment with that company but instead from incidents where I was acting as a representative of my new company.

 

[BelizeBreeze]

We work on facts. NOT supposition. So, if you want an opinion, print here exactly what was said and the circumstances surrounding the incidents.

 

[badapple40]

What is the name of your state? CO

If an individual or representative of a company sends an e-mail to my present employer/boss containing accusations of misconduct (performance related) that are untrue and able to be proven so by statements of parties referred to in this e-mail, and this e-mail leads to a written e-mail warning delivered by my current employer to me, is that grounds for either a suit or at least a letter from my attorney that would let the person/business sending the e-mail to my employer know that such conduct in the future will be acted upon if it continues or happens again? I should add that the company sending the e-mail is a company that I previously worked for and that the accusations surround incidents not from my past employment with that company but instead from incidents where I was acting as a representative of my new company.

Elements of a defamation suit are:

1) The Publishing 2) Of false 3) facts about the Plaintiff that:

Are defamatory per se a) allege criminal conduct; b) allege unchastity in a woman; c) injure a person in his profession or trade

Or can be supported by actual damage

As Belize has noted, this person must have published facts:On X date, so and so stole NOT opinion X is a lousy employee

 

[LilSty]

Thanks for the response!

To offer some clarification for a follow-up, the content of the e-mail to my employer from my previous employer contained accusations, not supported by facts, that have led to my current employer taking diciplinary action in the form of a written warning (e-mail) to me. In other words, saying to my current employer that your employee is doing this and that which is damaging to our joint customers and the this and that are clearly false (I can provide statements from the customers referred to as being harmed that state they were not harmed in any way).

Are you saying that I have no recourse to stop such false information from being sent to my current employer?

It may not be defamation, but are their any laws I can reference that I can present to my previous employer's representatives to stop it from happening?

Thanks again.

 

[JETX]

To offer some clarification for a follow-up, the content of the e-mail to my employer from my previous employer contained accusations, not supported by facts, that have led to my current employer taking diciplinary action in the form of a written warning (e-mail) to me. In other words, saying to my current employer that your employee is doing this and that which is damaging to our joint customers and the this and that are clearly false (I can provide statements from the customers referred to as being harmed that state they were not harmed in any way).

Okay, lets try this again.

If the employer said, "LilSty was a lousy employee", that is NOT defamation as it is an opinion.
If the employer said, "LilSty was a thief", that is LIKELY defamation (depending on the full facts.... and that you were NOT a thief).

So, EXACTLY what was said and in what context??

[/quote]Are you saying that I have no recourse to stop such false information from being sent to my current employer?[/quote]
Yep, pretty much. The 'defamation' doesn't occur until it is uttered or printed and you suffer damage from the statement. You could go to court and try to get an injunction to stop their false statements BEFORE they are said, but that would be expensive and probably not successful.

It may not be defamation, but are their any laws I can reference that I can present to my previous employer's representatives to stop it from happening?

If it is NOT defamation... ever hear of the 'right to free speech'??

 

[LilSty]

My company provides a service to our clients. My ex employer provides a similar service.

The representative of my ex employer e-mailed my current employer stating that they had information that "I have been providing services to our joint clients without said clients knowledge or approval". This statement is false. In addition, I can gather statements from the only client named in the e-mail to prove otherwise. Other clients are referenced in the e-mail as just variouse other clients but are not named. However, I keep a very detailed schedule of which clients I have met with and when so I plan on collecting written statements from all of these involved that would also prove these accusations false.

Since this e-mail led to a written warning from my current employer I want to take immediate and definitive action to send a message to the company representative sending the e-mail that this behavior will not be tolerated. Having worked for the previous company, I know they operate under a very risk adverse environment and would not look kindly if a representative of their organization is doing this.

I just want it stopped but if you think it's a case, I will pursue with my own attorney.

Thanks for your help.

 

[JETX]

The representative of my ex employer e-mailed my current employer stating that they had information that "I have been providing services to our joint clients without said clients knowledge or approval".

Okay, that in itself is NOT defamation as it is far too vague and makes no SPECIFIC claim (they had information of something).

Since this e-mail led to a written warning from my current employer I want to take immediate and definitive action to send a message to the company representative sending the e-mail that this behavior will not be tolerated. Having worked for the previous company, I know they operate under a very risk adverse environment and would not look kindly if a representative of their organization is doing this.

You need to 'step away' from this. There is absolutely NO benefit in your having ANY contact with your former employer. Simply, explain your position to your current employer and that the statement that was made was not correct. Then, LEAVE IT ALONE. You have suffered NO damage from the email reprimand and therefore have no claim. And even if you did, are you willing to spend $10,000 plus on trying to litigate this?? Of course not.
Leave it alone and it will quickly die a deserved death.

 

[HomeGuru]

I agree with JETX.

 

[LilSty]

If this situation with this past company was an isolated incident, I would just let it go. However, there is an LARGE amount of past history that I cannot go into that lays out a course of this company having hard feelings with me over past professional situations and since I am in the same industry they seem to continually make statements to companies I deal with. I think I need to consult with my attorney. Unless someone wants to e-mail direct and let me explain the whole situation. Believe me when I tell you that I am in a very, very tough situation due to past history and need to find a way to send a message to this company that their behavior will not be tolerated or I will not be able to stay in the field of my expertise. Thanks.

 

[JETX]

I think I need to consult with my attorney.

Probably a good idea.....

 

[HomeGuru]

Good one......

 

[BelizeBreeze]

there is an LARGE amount of past history that I cannot go into

Isn't there always...