L.E career dream almost over because of False accusations from current supervisorHELP

[Hazardless]

What is the name of your state?What is the name of your state? Colorado

OK guys I'll try to explain this as simply as possible. I would also like to add that i really appreciate your help and responses. I'm really torn between hiring an attorney or not and would like to know the possibities. Thanks again

Ok Well some background on me: I currentally work at a Major Retail chain working Loss Prevention. I also volunteer at a local Sheriffs Department and am currentally enrolled in a Police academy. Ok Well many months ago My supervisor at the retail store and I kinda butted heads. He was asking me to do things that were strictly against policy.I just documented these incidents. He found out from a fellow co-worker that i was documenting these incidents and that i was planning on sending an e-mail to the store manager.

Ever since this incident my Supervisor has been retailiating against me. Examples of his retaliation include: Cutting my hours to next to nothing, Posting copies of polices in the office (specifically highlighting Employment at will ) and so forth. He also canceled my E-mail so that I could not send the letter . I then reported all of this to the store manager whom basically just slapped him on the wrist and did nothing.

Well ok on to the question i have. Last Friday I was notified by the Local Sheriffs Office (my volunteer job) that an Internal Affairs investigation had been opened naming me and that i needed to come in to the dept. to answer some questions. When I went in for the interview i learned that my supervisor (the one from the retail store) had sent an E-mail from the company stating that i was of bad moral charactor and that I carry a concealed firearm around work all the time as well as call in sick at least 3 times per month. All of which are complete lies. There were also more accusations that were also false. I can prove some of the things he said were lies. As well I have excellent reputation at the retail store.

This supervisor also sent this e-mail to the director of my police academy. The sheriffs office conducted an investigation . They went out and spoke with him in person which he also stated everything above as well as took an additional statement from him at this interview he stated that he had written me up multiple times for things which he hadn't . He wouldn't show the officers any of the write ups claiming that he couldnt because of privacy reasons. . After my interview the sheriffs office closed the I.A investigation as Unfounded and Unreliable. They also in their report stated that i was working in an Hostile work enviroment which is a direct result of my supervisor.So they Basically stated that i was cleared of any wrong doing. The problem with this situation is that he sent the E-mail to the Hiring department which then was dissiminated down to my immediate supervisor at the sheriffs office for the investigation. This department i am testing for a full time position as a police officer next week. He also sent it to my Academy Director at the Police academy.

Everything has since been cleared up at the sheriffs office however since this was an I.A Investigation it will go in my permenent employee file and could cause many problems down the road. If the sheriffs office had not have completed a good investigation and these accusation had stuck then my Career as a Police officer would be over.

Upon reading and searching the posts on this forum i havn't seen anything that could relate to this situation. I guess what i'm asking is that

how do i go about getting a copy of this e-mail. (Can it be requested by an attorney?)

Is this libel? and would it be worth pursuing??

What can I do? What will happen?

Any recommendations on a good attorney in the denver metro area?
and will they work on a option that they get paid at the end of the case for example a certain percentage of the end case if I win)


Again I'm sorry if this is a bit confusing it's hard to get really in depth because the length would be enormous. Thanks For your advice, Bryan

 

[meganproser]

Your post is not confusing at all. There are however, a lot of variables in your situation.

>>how do i go about getting a copy of this e-mail. (Can it be requested by an attorney?)

Have you asked the recipient of the email to give you a copy? Are you sure they still HAVE a copy? Were you shown the actual email?

>>Is this libel? and would it be worth pursuing??

Quite possibly.

>>I then reported all of this to the store manager whom basically just slapped him on the wrist and did nothing.

Can you prove you reported the supervisor? Did you continue to apprise management of what this supervisor was doing after your first report?

>>What can I do? What will happen?

At the very least, I would document everything that happened, try to get a copy of the Sheriff’s dept. findings, and send copies of it all to various levels of management for the retail store.

>>and will they work on a option that they get paid at the end of the case for example a certain percentage of the end case if I win)

If the attorney thinks the store itself has some liability, there is a chance the attorney would take the case on a contingency basis. Otherwise, unless you have reason to believe the supervisor alone has deep enough pockets to pay a large award, it is highly unlikely you would find someone to take the case on a contingency.

I am NOT an attorney.

 

[divgradcurl]

[QUOTE>>and will they work on a option that they get paid at the end of the case for example a certain percentage of the end case if I win)

If the attorney thinks the store itself has some liability, there is a chance the attorney would take the case on a contingency basis. Otherwise, unless you have reason to believe the supervisor alone has deep enough pockets to pay a large award, it is highly unlikely you would find someone to take the case on a contingency.
QUOTE]

The problem with this scenario is, even if you have been slandered or libeled -- and you may have been -- how were you damaged? By your own admission, the investigations have cleared your name, and your current job prospects are not impacted. You are not going to be able to show damages by saying it "could" have gone differently, or that it "may" impact your future career. Had your career ACTUALLY been impacted in some way, then you would have real, provable damages. But without damages, if you do want to pursue this, you'll almost certainly have to pay for you attorney up front, and it is unlikely that you would win enough to pay for the attorney -- assuming you could even collect an award!

You're starting a new career -- put this jerk behind you and forget about it.

 

[Hazardless]

Divagrad,

Thanks for the response... I understand what your saying and am now planning to let things go away on there own. If this does end up causing a conflict and damages as far as myself getting hired even though the I.A investigation cleared me. How long do I have to file a case? Thanks Bryan

 

[divgradcurl]

2 years from the date the tort occured.

 

[meganproser]

C.R.S. 13-80-103

The SOL on defamation is only one year in Colorado. It's one year in most States.

 

[divgradcurl]

Thanks for checking -- I didn't have time to look for the code section, and the SOL site didn't have a seperate SOL for libel for CO, although it did for other states...

 

[meganproser]

I know. Most of the sites simply list the SOL for personal injury. Since defamation IS a personal injury tort, it is easy to see how someone who is looking for the SOL on defamation, can be misled.

The beauty of this site, these forums, is that several hundred heads are better than one. If everyone puts their heads together there is less chance of any incorrect info slipping through the cracks. Please correct me ANY time!