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Libel case in workplace

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quincy

Senior Member
I had recently had filed a claim for W/C for Carpel tunnel as I do mechanical work on a daily basis. I had the sugery but the case was going to hearing. I was out with a Shoulder Injury a year back and also had a heart surgery just recently. I had time for all of these procedures and gave ample notice and I am a State employee .
I came across a email my boss had printed out from an exchange between him and HR. He was asking if there was a way they can punish me for putting them through this and actually saying that he thinks I am lying. He also stated he is fed up with it.
I feel that this is libel. I never had a bad review or any abuse of time and feel he has it out for me. I am almost 60 years . I immediately withdrew my case out of fearing being fired. What should I do. I feel this is completely unethical and want to take care of this before it’s too late
Please help
Floyd
What is the name of your state?

An intracorporate privilege generally protects communications between employer and HR if the communication is regarding an employee whose circumstances affect the employer and legitimate business interests.

What this means is that the communication could not successfully support a defamation claim absent a showing of actual malice (a knowledge that the information communicated was false - or a disregard for its truth or falsity - and an intent with the communication to cause harm).
 
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What is the name of your state?

An intracorporate privilege generally protects communications between employer and HR if the communication is regarding an employee whose circumstances affect the employer and legitimate business interests.

What this means is that the communication could not successfully support a defamation claim absent a showing of actual malice (a knowledge that the information communicated was false - or a disregard for its truth or falsity - and an intent with the communication to cause harm).
 
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adjusterjack

Senior Member
I immediately withdrew my case out of fearing being fired.
That was a bad move.

The libel thing won't go anywhere but any action against you because you filed a WC claim is blatantly illegal and could give you grounds for a wrongful termination lawsuit if it came to that.

My advice: Take that memo home and keep it in a safe place and reinstate your claim.
 

quincy

Senior Member
That was a bad move.

The libel thing won't go anywhere but any action against you because you filed a WC claim is blatantly illegal and could give you grounds for a wrongful termination lawsuit if it came to that.

My advice: Take that memo home and keep it in a safe place and reinstate your claim.
To be clear: Discussing possible actions is not illegal. Taking action could be.

In other words, it is smart to discuss in advance the possible legal consequences of taking a particular action (although the discussion is better had between employer and lawyer than employer and HR).
 

justalayman

Senior Member
I’m still curious about this community printer.

Was this something one participant or the other in the conversation sent to the printer and you just happened to pick it up before the sender could?

Have you absconded with the letter?

Was the letter written so it was obvious who it was written to and/or from?

I suspect no matter what else happens, reading and then taking, if you have, that letter may be the cause of your termination.
 

quincy

Senior Member
I’m still curious about this community printer.

Was this something one participant or the other in the conversation sent to the printer and you just happened to pick it up before the sender could?

Have you absconded with the letter?

Was the letter written so it was obvious who it was written to and/or from?

I suspect no matter what else happens, reading and then taking, if you have, that letter may be the cause of your termination.
It would be very odd indeed for an email sent from an employer to HR to be sent to, say, a Kinko's to be copied - and, other than an office printer that all employees use to make copies (i.e., a copier), I can think of no other printer that could be considered a "community printer."

I would like Floyd to tell us exactly how he "came across" an email sent by the employer to HR as I, too, am curious.
 

quincy

Senior Member
My boss has a habit of printing out emails or everything for that matter. It was sitting in a bin next to the printer which is located outside his office and that printer is shared by 4 of us
Thank you for the clarification.

Did all four of you read through all of the papers in the bin? Are you in the habit of doing so? If so, is your employer aware you read through the papers in the bin?
 
Thank you for the clarification.

Did all four of you read through all of the papers in the bin? Are you in the habit of doing so? If so, is your employer aware you read through the papers in the bin?
No one mentioned the printed email
 
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