Libel case in workplace

[quincy]

Sorry for the spelling errors. Im on my phone now

Spelling errors are not leading to any problem in understanding your posts.

Obviously more was written in the email than previously mentioned. It is good that you have an attorney in your area with whom you can discuss your situation.

Good luck.

 

[Floydmay22]

Spelling errors are not leading to any problem in understanding your posts.

Obviously more was written in the email than previously mentioned. It is good that you have an attorney in your area with whom you can discuss your situation.

Good luck.

Thank you Quincy

 

[quincy]

Thank you Quincy

You're welcome, Floyd. I appreciate the thanks.

If you can provide an update later, we are always interested in hearing how things turn out. I hope that all works out well for you.

Good luck.

 

[cbg]

I'm trying to explain something here. I'm not trying to give you a hard time.

Since you didn't answer when I asked you what the lie was, I'm going to assume you're talking about his thinking you're making the injury up. If I' wrong, please feel free to correct me.

If he believes it to be true, it is not a lie. It may be a mistake. I'm not saying he isn't wrong. I"m not accusing you of malingering.

But it is not a lie if he believes it to be true. It's a mistake.

 

[quincy]

I'm trying to explain something here. I'm not trying to give you a hard time.

Since you didn't answer when I asked you what the lie was, I'm going to assume you're talking about his thinking you're making the injury up. If I' wrong, please feel free to correct me.

If he believes it to be true, it is not a lie. It may be a mistake. I'm not saying he isn't wrong. I"m not accusing you of malingering.

But it is not a lie if he believes it to be true. It's a mistake.

That is the type of lie that can get someone sued for defamation.

It is NOT true that believing something is true means this false belief when communicated to others cannot support a defamation suit. It can.

 

[cbg]

I don't believe I said anything about whether it would or would not. I am attempting to explain the difference between a lie and a mistake.

 

[quincy]

Floyd is asking about defamation in his thread, though. Falsehoods that injure a reputation are defamatory lies - not mistakes - even if the lie is believed to be true.

If the employer tells HR he believes Floyd is lying about his injury, that is essentially saying he believes Floyd is committing a crime. The employer opens himself up to a lawsuit if he makes "mistakes" like that.

 

[justalayman]

If you read the email, there are blatent lies about myself as well as a plan to have me fired for being out if work for 3 operations that i was covered for under FMLA as well as discussion of health issues that are under violation of HIPPA laws, defamation of character, slander to name a few.
This is a HR department that is suppose to be protecting my rights and one employee and my Supervisor are tearing my rights to shreds.
I am in one of the biggest unions in the state and work in perhaps the most liberal and Diverse university in the county. I am a person of color and this will not set right woth either the University heads or the community as well.
The email was blatently left for anyone to peruse. It us not the ownership of anyone if it was sent in error to a wrong person or openly printed for one to read.
I have a impeccable work record and the fact that i am getting old and not in great health presently is no reason for someone taking action over something that is beyond my control. You should not underestimate the power of someone when they are cornered for no reason, they fight back like i intend to do.

No, hr is not there to protect your rights. Hr is there for the company’s benefit.

You have made a grievous error in copying the email. That is justification to fire you and the reasons you state do not excuse your actions.

You are wrong about what you believe which is you had a right to read the email. Whether you broke the law is irrelevent. It is a simple logic that lets you know you have no right to read it nor copy it.

I love how you bring out the fact you are a person of color (so am I. It’s kind of a peachy cream color). I loathe people that use the race card while in another breath they complain about how people of color are treated. You’re half way there.

Regardless of you have missed 12 weeks within the last 12 months, of you miss one more day you can lawfully be terminated for poor attendance.


Given your belief you are righteous, I’ll not add anything more because I believe your actions and attitude to be despicable.

Best of luck. You are really going to need it if your employer decides to fire you

 

[quincy]

No, hr is not there to protect your rights. Hr is there for the company’s benefit.

You have made a grievous error in copying the email. That is justification to fire you and the reasons you state do not excuse your actions.

You are wrong about what you believe which is you had a right to read the email. Whether you broke the law is irrelevent. It is a simple logic that lets you know you have no right to read it nor copy it.

I love how you bring out the fact you are a person of color (so am I. It’s kind of a peachy cream color). I loathe people that use the race card while in another breath they complain about how people of color are treated. You’re half way there.

Regardless of you have missed 12 weeks within the last 12 months, of you miss one more day you can lawfully be terminated for poor attendance.


Given your belief you are righteous, I’ll not add anything more because I believe your actions and attitude to be despicable.

Best of luck. You are really going to need it if your employer decides to fire you

It is not illegal to read an email that is left open for others to read. Perhaps unethical but not illegal.

 

[justalayman]

That is the type of lie that can get someone sued for defamation.

It is NOT true that believing something is true means this false belief when communicated to others cannot support a defamation suit. It can.

It depends on how it was worded. The boss saying he questions the validity of ops claims and wants hr to investigate is not defamatory. It is a proper function of a boss and their communication with hr. If it was unlawful, no boss could ever express their doubts of the statements and claims of an employee without fear of being sued.

If he simply stated op was lying and boss wants to find a reason to fire him, that would be defamatory.

It is not illegal to read an email that is left open for others to read. Perhaps unethical but not illegal.

I didn’t say it was illegal. It’s common sense one should not read emails not addressed to them and would be a valid basis to terminate a person.

 

[cbg]

And we have yet to see any indication that HR has taken any action against the OP. If the boss says, OP is lying about his claim, and HR says, No he isn't and we're not taking any action against him", there are no damages.

 

[quincy]

And we have yet to see any indication that HR has taken any action against the OP. If the boss says, OP is lying about his claim, and HR says, No he isn't and we're not taking any action against him", there are no damages.

Agreed. So far there are apparently no damages.

And Floyd has an attorney who should be able to tell him if the email as worded could be defamatory.

The biggest mistake the employer made was printing off an email he sent to HR that should have remained a private communication.

 

[HRZ]

The only thing dumber than putting print outs is a common box where anyone might read them is making a copy of a docuement not addressed to you AND telling anybody but your lawyer that you did it ! Personally I think the only quasi safe place for that docuement is with your attorney and your lips nailed shut .

You are far short of being able to show that the boss is seeking to get rid of you for reasons contaminated by age or race . And it is unclear if the words as published accused you of any illegal or improper conduct . I just don't know if it's even relevant that anyone else read it. IF I write an note about your supposed illegal /mproper conduct and post it in a public place it may not be necessary to prove anybody bothered to read it ....and that common drop box begs the question as to if it's a public place . ( some big organizations sometimes have very unwise uses of common printers and boxes )

My guess, your boss is even dumber than you are and if somebody in HR is on his or her toes, your boss will be advised to drop this one . That does not prevent him from cracking down on the very next new problem you put on his plate !

Ordinarily I would suggest you reinstate a wc claim if you regard it as a legitimate claim and it is possible to do so. However in this fact pattern I suggest you discuss it with your counsel first . And do so soon.

As a state employee there may be a great amount of due process steps in there for your protection ...discuss with your attorney. ( NOT your union rep who might have other priorities )

BTW state employees get limited age discrimination protection under Federal law due to some old drafting issues regarding state sovereignty ...so don't hang your hat just on " age "

My suggestion...work closely with your counsel ...try to put ice on equation ...this is a poor fight to pick.

 

[quincy]

... IF I write an note about your supposed illegal /mproper conduct and post it in a public place it may not be necessary to prove anybody bothered to read it ....and that common drop box begs the question as to if it's a public place . ( some big organizations sometimes have very unwise uses of common printers and boxes ) ...

To clarify: A defamatory message does not need to be posted in a "public place." A defamatory statement only needs to be communicated to ONE person other than the person defamed.

The email from the employer to HR probably lost any qualified immunity from suit it might have had when the employer made the email accessible to others.

 

[Floydmay22]

The only thing dumber than putting print outs is a common box where anyone might read them is making a copy of a docuement not addressed to you AND telling anybody but your lawyer that you did it ! Personally I think the only quasi safe place for that docuement is with your attorney and your lips nailed shut .

You are far short of being able to show that the boss is seeking to get rid of you for reasons contaminated by age or race . And it is unclear if the words as published accused you of any illegal or improper conduct . I just don't know if it's even relevant that anyone else read it. IF I write an note about your supposed illegal /mproper conduct and post it in a public place it may not be necessary to prove anybody bothered to read it ....and that common drop box begs the question as to if it's a public place . ( some big organizations sometimes have very unwise uses of common printers and boxes )

My guess, your boss is even dumber than you are and if somebody in HR is on his or her toes, your boss will be advised to drop this one . That does not prevent him from cracking down on the very next new problem you put on his plate !

Ordinarily I would suggest you reinstate a wc claim if you regard it as a legitimate claim and it is possible to do so. However in this fact pattern I suggest you discuss it with your counsel first . And do so soon.

As a state employee there may be a great amount of due process steps in there for your protection ...discuss with your attorney. ( NOT your union rep who might have other priorities )

BTW state employees get limited age discrimination protection under Federal law due to some old drafting issues regarding state sovereignty ...so don't hang your hat just on " age "

My suggestion...work closely with your counsel ...try to put ice on equation ...this is a poor fight to pick.

Did I mention I used vacation time for the surgery? Also used Personal leave for the carpel tunnel. So the time I missed was my own earned hours. Stating that he wants to try and fire me are based on what? Being ill? The kid doesn’t like me and trying to get HR against me as well. It’ a hostile work environment. Have you felt like everyone knows your business? We use to be friends and when we take break he talks horribly about other employees as fellow workers are sitting there. Now I’m in his crosshairs