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possible discrimination and slander

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shauna

Guest
I'll give the condensed version of my story(believe me I could go on for two weeks).I applied for a promotion, I didn't get it, I was furious and made no secret of it,during my tenure on this job I have also made no secret that I take antidepressants,I was recently suspended with pay for allegedly making terrorist threats(which I did not) and because I am on medication. The charges of the threats are based on the testimony of 4 people , who naturally the company won't identify. I suspect I know who the 4 people are and they are no friends of mine. I have also been told that there are rumors floating around that I threatened to bomb the building. I feel that I have not only been slandered but discriminated against for being on medication. Do I have any sort of case? What should I do? This is all new to me.
 


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Attorney_Replogle

Guest
Shauna, you may well have a case against your employer and or the person(s) who made the claim that you threatened to bomb the building. First of all, let me get out of the way the necessary disclaimer that since I am only licensed in California, my advice is based on that state's laws or laws of general applicability. For the best advice, you need to contact a lawyer in your area. You can find a lawyer by using this web site's attorney listings. So to answer one of your questions, an employer can not suspend (with or without pay) an employee simply because he or she is using prescribed medication. The employer would have to have other reasons to justify such disciplinary measures. The next point is that your employer is limited to an extent by the company's policies and procedures manual. Also, if you are employed by a public employer such as a city police department, etc., then you would have more rights than someone who worked for a private employer such as the local K Mart store. With regard to the terrorist threats, obviously an employer could suspend an employee if that employee made such threats, or pending an internal company investigation as to whether he or she made such threats. The next question of yours, about slander, the bottom line answer is that if indeed you did not make such threats, while others said that you did, than you may well have a case for defamation or slander. Slander is spoken defamation. Of course there are various exceptions to the general rule, but an attorney in your state would have to advise you on those exceptions. Overall, I would strongly urge you to immediately consult with a labor lawyer about your situation, especially in light of the claims of terrorist and bomb threats. If you delay, you may end up being arrested, in the worst case scenario, by the local police or FBI on suspicion of making such threats. An attorney working for you now can get to the bottom of the barrel and find out what is really going on. What kind of evidence is there? What is the intent of the employer at this point? Best luck to you.

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Mark B. Replogle
 
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Hope

Guest
The general manager came to me and asked if I would like to try being a shift manager. I wasn't to sure of taking it because alot of favoritism goes on there, but I did it anyway.
No training or handbook was provided to give any rules and regulations for this position. I just did what I thought was best until told different.
Well, I came to work on a evening shift behind another shift manager. I notice in our deposit book that her shift was a whole lot less than anyone else on that day. I asked a Asst. Manager if this looked unusual, he agreed. I told him someone is stealing but didn't accuse one person. I told all member of management including the manager who worked that shift so that we can keep a closer watch on the activities in the retaurant. Well the Regional manager came to me about relieving or demoting the manager that worked that shift because that was not the first time. I informed him I didn't believe the manager on that shift had any idea that theft could be happening and not to demote the manager. We both were giving this position without the proper training and did the best we could.
Well, I talked to that manager and pointed out how everthing is falling on her lap. She was upset. She didn't appreciate this news at all. I told her to talk to Regional Management. So far, I only talked to members of management. I guess she had her words with Regional Management because the next thing I know I'm wrote up for "Breach of Confiditiality" and demoted losing my daytime position and title. They had a meeting and everyone was pointed out as management except for me I was totally embarressed. I wasn't informed until after the meeting that I was removed from management. I was wrote up, demoted, and branded as a snitch. What am I to do.
 

BelizeBreeze

Senior Member
Attorney_Replogle said:
The next point is that your employer is limited to an extent by the company's policies and procedures manual.
You're kidding right?
The next question of yours, about slander, the bottom line answer is that if indeed you did not make such threats, while others said that you did, than you may well have a case for defamation or slander. Slander is spoken defamation. Of course there are various exceptions to the general rule, but an attorney in your state would have to advise you on those exceptions.
Not against the employer.
Overall, I would strongly urge you to immediately consult with a labor lawyer about your situation, especially in light of the claims of terrorist and bomb threats.
There is no indication that any action was taken because of the "Rumors". Only that they were heard.
 

BelizeBreeze

Senior Member
Hope said:
The general manager came to me and asked if I would like to try being a shift manager. I wasn't to sure of taking it because alot of favoritism goes on there, but I did it anyway.
No training or handbook was provided to give any rules and regulations for this position. I just did what I thought was best until told different.
Well, I came to work on a evening shift behind another shift manager. I notice in our deposit book that her shift was a whole lot less than anyone else on that day. I asked a Asst. Manager if this looked unusual, he agreed. I told him someone is stealing but didn't accuse one person. I told all member of management including the manager who worked that shift so that we can keep a closer watch on the activities in the retaurant. Well the Regional manager came to me about relieving or demoting the manager that worked that shift because that was not the first time. I informed him I didn't believe the manager on that shift had any idea that theft could be happening and not to demote the manager. We both were giving this position without the proper training and did the best we could.
Well, I talked to that manager and pointed out how everthing is falling on her lap. She was upset. She didn't appreciate this news at all. I told her to talk to Regional Management. So far, I only talked to members of management. I guess she had her words with Regional Management because the next thing I know I'm wrote up for "Breach of Confiditiality" and demoted losing my daytime position and title. They had a meeting and everyone was pointed out as management except for me I was totally embarressed. I wasn't informed until after the meeting that I was removed from management. I was wrote up, demoted, and branded as a snitch. What am I to do.
And what does this have to do with the origianl poster's situation?
 

zippysgoddess

Senior Member
Sorry Belize, I think I might have done it accidentally, I was reading through the archives, and almost replies to this one, as I forgot how old they are, so I didn't reply, and I closed the page, but for some reason it put it up here anyway. So very sorry.
 

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