Possible Defamation?

[chrisdecker0331]

What is the name of your state? Florida

Hello,

So I an issue and am wondering if this constitutes possible defamation and what my options are.

On Feburary 21st 2024 I resigned from a company (5.11 Inc) I was a Retail Store Manager. While employed there I brought in the XXX Police Department as a customer. We were in the process of sourcing product for a bulk order for them when I resigned from the company due to personal reasons.

Upon resigning a Captain by the name of B placed a call to the 5.11 store I was employed with in XXX. He spoke to a female supervisor who wasn't fond of me by the name of DX. I guess Captain B asked her if I was fired from 5.11 and she had responded confirming I was fired from the company which is not true I resigned. (I am not sure the date of this happening).

On March 12th 2024 I received a call from my girlfriend and current Police Officer with the XXX Police Department, she informed me that she had heard from a civilian employee that there was a rumor being spread that I was fired from 5.11. She later confirmed this rumor by texting a Sergeant T.

I feel this also hurts my reputation in the department as I had applied to and still have an application in process with the agency. And I strongly feel this will have negative impacts on my professional reputation.

 

[LdiJ]

Would you have been fired if you hadn't resigned? You could contact a local attorney about possibly writing a cease and desist letter.

 

[quincy]

Chris, here are two links with information on Florida defamation laws, the first to the Digital Media Law Project (2014) with an overview of the law in Florida as it is currently, and the second to the Florida Bar on the possible future changes to defamation laws being considered in the Florida legislature (which has been drawing a lot of controversy):

DMLP: https://www.dmlp.org/legal-guide/florida-defamation-law

Florida Bar: https://www.floridabar.org/the-florida-bar-news/bill-to-tighten-defamation-laws-moves/

 

[quincy]

What is the name of your state? Florida

Hello,

So I an issue and am wondering if this constitutes possible defamation and what my options are.

On Feburary 21st 2024 I resigned from a company (5.11 Inc) I was a Retail Store Manager. While employed there I brought in the XXX Police Department as a customer. We were in the process of sourcing product for a bulk order for them when I resigned from the company due to personal reasons.

Upon resigning a Captain by the name of B placed a call to the 5.11 store I was employed with in XXX. He spoke to a female supervisor who wasn't fond of me by the name of DX. I guess Captain B asked her if I was fired from 5.11 and she had responded confirming I was fired from the company which is not true I resigned. (I am not sure the date of this happening).

On March 12th 2024 I received a call from my girlfriend and current Police Officer with the XXX Police Department, she informed me that she had heard from a civilian employee that there was a rumor being spread that I was fired from 5.11. She later confirmed this rumor by texting a Sergeant T.

I feel this also hurts my reputation in the department as I had applied to and still have an application in process with the agency. And I strongly feel this will have negative impacts on my professional reputation.

One problem I see you facing with a defamation claim is that, as of right now, you have not suffered any demonstrable injury to your reputation. And you are fortunate to have a girlfriend in the Department who can combat any false rumors with the truth.

IF your employment application is denied for no apparent reason (e.g., there are no other equally-or-better-qualified candidates applying for the job) and you didn’t commit at your previous job any fire-able offense, and when all else is considered it seems likely any application-denial is because of the unsubstantiated rumors, you might then want to speak with a defamation lawyer in your area for a personal review.

In the meantime, you might want to line up some former coworkers who know that you resigned rather than were fired, for references to use if necessary.

Defamation suits tend to be very expensive lawsuits to pursue and, because of the public nature, can create their own type of harm.

 

[commentator]

The difference between "resigned" and "terminated" or "fired" or whatever the term is, is that. A term. It would be a colossal waste of time to make a bigger deal out of whether you said I quit before they said you're fired, sort of like a fast draw in a cowboy gunfight.

Frankly, trying to cast a lawsuit at your former company especially in the retail world, which has a very high turnover rate, would tend to identify you as a problem in waiting to future employers much more so than just blowing it off. Sue them, write them a letter, and of course they're going to totally deny they ever said anything to anyone.

And there's no proving it, is there? If they refuse to interview you at the police department, there's not much proof, not much way you can show that it was directly caused by this woman claiming you were fired. If you are interviewed, you can make it clear what the reason for your leaving this last job was. Incidentally, the official termination paperwork of the old company should document accurately, either way. Usually any kind of a company that does lots of employee hiring and firing will have clear cut documentation of what reason you left for purposes of unemployment taxes and other records. What you cannot do is demand that people not lie or gossip about you.

 

[quincy]

Florida Statute §768.095: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.095.html

An employer in Florida is offered a qualified immunity from liability when providing employee references. This immunity can be defeated with clear and convincing evidence that the employer did not act in good faith - that the employer disclosed information that was knowingly false or misleading and that the information was rendered with malicious purpose, or civil rights of the employee were violated.

For a defamation claim to be successful, in other words, you must be able to present evidence that overcomes this statutory presumption of good faith.

It would be what else the employer said about you to the police department that I would be most concerned about. Although saying you were fired when you were not implies certain facts about you, I imagine the employer said more than that - perhaps inventing the why behind the supposed firing. The “why” could cause more harm to your reputation than just noting the way your employment ended.

 

[Zigner]

Would you have been fired if you hadn't resigned?

I don't see that the OP answered this...

 

[quincy]

I don't see that the OP answered this...

Chris hasn’t returned to answer any questions. That question is certainly one that is important to answer as substantial truth can be a good defense to defamation.