Is this Illegal discrimination?

[quincy]

Embellish? What are you talking about? There is either defamation or not. If there is, you, Proserpina and Zigner should shut up and stick to what you know!

It is not quite as simple as "there is either defamation or not." A lot needs to be considered before determining if a statement or statements are defamatory (context, exact words communicated and to whom and why, reactions to what is stated, etc.).

While I agree that falsely claiming someone has created a hostile work environment or falsely claiming someone is a serial killer could be considered defamatory under some circumstances (and even defamatory per se), the fact that these statements were made is not enough to prove defamation.

In the described situation, Joeinca1130's reputation does not seem to have been injured by the statements alone but rather by Joe's acts and actions in the workplace which gave rise to the comments. His behavior could potentially support the statements as opinion based on personal experience. The statements may not have been related as, or understood to be, statements of fact (did anyone believe Joe was a serial killer?).

In other words, all facts matter. I don't disagree that Joe might want to contact an attorney in his area for a review of these facts.

 

[Proserpina]

Good one, haha!

(You are joking, right?)

Aw did I miss the opportunity to defame someone? Bummer. Dunno what I'm going to do now. Pretty sure my life is ruined. Maybe I'll sue. BUT WAIT!

Perhaps Boomering should remember that truth is a defense to defamation!

 

[quincy]

Perhaps Boomering should remember that truth is a defense to defamation!

Opinion, too.

 

[Joeinca1130]

Yes, i know how it works... My best friends in highschool were bullied by their lawyer parents....

If i was an attorney, i would give good advice to my client..... I would be honest about what i did not know... Ive been in court... I know the judge doesnt want much disturbance...

 

[I'mTheFather]

When did you inform your employer of your disability?

 

[Joeinca1130]

Did you ever inform your employer of your disability?

My disability was somewhat obvious,,, although they did not know of my disability.... They said leave it at home.... It also was not completely hidden...

EDIT: THEY DID NOT KNOW ABOUT IT AT THE TIME... DID NOT....

 

[Eekamouse]

I've never heard of a severe one before. Actually sounds kind of cool.

 

[Joeinca1130]

NO... i didnt tell them...

 

[Ohiogal]

My disability was somewhat obvious,,, although they did not know of my disability.... They said leave it at home.... It also was not completely hidden...

EDIT: THEY DID NOT KNOW ABOUT IT AT THE TIME... DID NOT....

It was obvious that you were creating a hostile workplace. That doesn't mean you were disabled. It just could have meant you were acting like a jerk -- much like you are acting on this thread. But they didn't discriminate against you illegally. Take responsibility for your actions. And realize the consequences.

 

[Joeinca1130]

Clearly

Sort of.... If it was an at will contract, that is done and gone....

But if it was not... And the OP fell into one of the protected classes (which he did, clearly)... It is a clear case....

 

[Joeinca1130]

It was obvious that you were creating a hostile workplace. That doesn't mean you were disabled. It just could have meant you were acting like a jerk -- much like you are acting on this thread. But they didn't discriminate against you illegally. Take responsibility for your actions. And realize the consequences.

I Disagree.. That is NOT, the legally defined description of a "hostile work environment" There are legal ramifications, you understand???" The client DID NOT, legally, create a hostile work environment....

 

[quincy]

My disability was somewhat obvious,,, although they did not know of my disability.... They said leave it at home.... It also was not completely hidden...

EDIT: THEY DID NOT KNOW ABOUT IT AT THE TIME... DID NOT....

Because your disability can exhibit itself in the form of delusions, paranoid thoughts, hallucinations, manic periods, impaired occupational and social functioning (symptoms as listed on WebMD), you could rightly have been seen as dangerous by your coworkers. Had they been aware you had a disability, you might have been treated differently.

Showing rudeness to those trying to help you could be part of your impaired social functioning, perhaps? Here is a link you may find informative: http://www.emilypost.com/everyday-manners/important-manners-for-every-day/865-the-qmagic-wordsq

Speak with an attorney in your area after re-reading the advice already provided you. It has been good advice.

 

[Eekamouse]

OP, don't be hopping from 1st person to 3rd person in your replies. Pick one. Stop being creepy. Please.

 

[Joeinca1130]

No

It was obvious that you were creating a hostile workplace. That doesn't mean you were disabled. It just could have meant you were acting like a jerk -- much like you are acting on this thread. But they didn't discriminate against you illegally. Take responsibility for your actions. And realize the consequences.

Sir, my best friends where lawyers... My best friends read Grisham in saturday school... I WAS NOT doing that.... IT IS NOT OBVIOUS... I WAS NOT DOING ANYTHING LIKE THAT.. PURE CONJECTURE.....

NONSENSE....

 

[Zigner]

It was obvious that you were creating a hostile workplace. That doesn't mean you were disabled. It just could have meant you were acting like a jerk -- much like you are acting on this thread. But they didn't discriminate against you illegally. Take responsibility for your actions. And realize the consequences.

Sir, my best friends where lawyers... My best friends read Grisham in saturday school... I WAS NOT doing that.... IT IS NOT OBVIOUS... I WAS NOT DOING ANYTHING LIKE THAT.. PURE CONJECTURE.....

NONSENSE....