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Slander and Defamation

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WizKids1

Junior Member
What is the name of your state (only U.S. law)? New Hampshire.

I have a question, and appreciate in advance any help offered.

I am working at a company as the Principal Software Engineer. I have been there one year, but I am working for a Department manager who is a power-control-freak and who maintains his control in well, very under-handed ways. For example, he hoards information so that our programming staff has to go to him for anything and when they do he has a very demeaning manner - he likes making good talented well-skilled people look like idiots. The turnover in our department is awful - many people just cannot stand this guy. I am 54 and have worked for many large companies and seen lots of "political intrigue", so really, I just tolerate the guy because I like the work.

But it has come to my attention in the last month or so that this guy goes into meetings with the company executives and states that he is "not impressed" with my work. That is odd because to me, he lavishes praise since my work is making him look very good. But clearly he is "slandering" me (as I understand slander) to the company higher ups.

I dont like involving myself in political battles because I have worked for great companies like IBM, Marriott and others, where that stuff is NOT tolerated - so it just does not happen.

But now, I am worried about my job. This guy is really taking it to the 'next level' and some of the guys in the company who attend those meetings and who love my work have recently come to me and let me know what he is saying in those meetings - indeed, they are saying this guy is very threatened by the quality of my work - he fears losing any control.

So first, is this slander? Is this defamation? What if I were let go because he lies to the company executives and I have little power other than my work (which they seem to appreciate) to mitigate what he says?

What would a good lawyer recommend I do?

Thank you very much for any help.
 


cyjeff

Senior Member
A good lawyer would tell you to wait until you had damages to recover.

Courts do not do well in assigning a value to what MIGHT happen.
 

Hot Topic

Senior Member
You sound a little "high" on yourself. It's one thing to say that you consider yourself a good worker, and another to charge that someone is jealous because you're too good.

Bosses don't have to be nice.

Saying he's not impressed by your work is hardly something to go to court over. If he made a bogus claim that a serious injury was caused because you did A when you should have done B, and you were right when you did A but were fired because of his claim, you probably would have cause to consult a lawyer.
 

cbg

I'm a Northern Girl
It is by no means clear that he is slandering you. He is entitled to his opinion and to state it.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? New Hampshire.

I have a question, and appreciate in advance any help offered.

I am working at a company as the Principal Software Engineer. I have been there one year, but I am working for a Department manager who is a power-control-freak and who maintains his control in well, very under-handed ways. For example, he hoards information so that our programming staff has to go to him for anything and when they do he has a very demeaning manner - he likes making good talented well-skilled people look like idiots. The turnover in our department is awful - many people just cannot stand this guy. I am 54 and have worked for many large companies and seen lots of "political intrigue", so really, I just tolerate the guy because I like the work.

But it has come to my attention in the last month or so that this guy goes into meetings with the company executives and states that he is "not impressed" with my work. That is odd because to me, he lavishes praise since my work is making him look very good. But clearly he is "slandering" me (as I understand slander) to the company higher ups.

I dont like involving myself in political battles because I have worked for great companies like IBM, Marriott and others, where that stuff is NOT tolerated - so it just does not happen.

But now, I am worried about my job. This guy is really taking it to the 'next level' and some of the guys in the company who attend those meetings and who love my work have recently come to me and let me know what he is saying in those meetings - indeed, they are saying this guy is very threatened by the quality of my work - he fears losing any control.

So first, is this slander? Is this defamation? What if I were let go because he lies to the company executives and I have little power other than my work (which they seem to appreciate) to mitigate what he says?

What would a good lawyer recommend I do?

Thank you very much for any help.



**A: from what you posted you have no case.
 

tyrone_bak

Junior Member
I have the same problem but I was terminated based upon false information in my Goals for the year. The goals are used to judge percentage of 20K bonus & salary raise. In short, my unemployment approval response was poor performance at work. I have a large document for appeals internally while I was working pointing out the false information. It was reviewed and nothing was changed.

Now, I have an even larger document for EEOC who says that this falls under racial discrimintation because of the details that I have. I need a LAWYER.

Info in doc:
Emails from peers stating they didn't know the systems
Emails from peers who didn't use the ticketing system
Proof that peers caused large problems/outages and I never caused an outage but small things were added in my Review. I'm curious to know if their review had the negatives.
My goal were the criteria says that I should be at Excellent but I was given the lowest score
Other goals falsified...etc
Defamation of my skill sets when about 90 % of the company knows my skills and have sent in complimentary letters(none of the letters were included in my yearly review)

Company vision and HR guidelines have been violated. The system has broken down within my department.

Do I have a lawsuit?

[email protected]
 

tyrone_bak

Junior Member
It is by no means clear that he is slandering you. He is entitled to his opinion and to state it.
This is true but it is difficult to go to work everyday watching your back. It's difficult to perform at your best. You are working wandering when your manager is gonna throw you under the bus. Matter of fact, you are expecting it every week.

I will start collecting documentation if the manager starts placing the negative things about your job in writing. If it is not in writing then I agree with CBG. It's just the manager's opinion and you don't have any grounds to retain a lawyer. But it is always good to talk to a lawyer directly if you have the means to one.
 

cbg

I'm a Northern Girl
Oh, so he's entitled to state his opinion but not to put it in writing?
 

tyrone_bak

Junior Member
The manager can put in in writing, too. It's better if he places it in text/writing. Verbally in 1-on-1 mtg's, it's just the victims word against the mean old boss's word. Word of mouth will not hold up in the court of law.
 

cbg

I'm a Northern Girl
Thank you for the benefit of your expertise. So glad you're here to tell us what an unknown court will accept in a hypothetical case. :rolleyes:
 

quincy

Senior Member
Tyrone, while it is true that it is more difficult to provide proofs in a he said/she said situation, for a defamation action it would be up to WizKid's employer to prove the truth of any facts or implied facts that he has made to others or to show that what he said was pure opinion. WizKid just needs to demonstrate that what was said about him was, in fact, said (witness testimony is vital in slander actions), that it was defamatory, and that he has suffered reputational injury as a result. If he has people attending the meetings where the employer spoke about Wiz in a defamatory manner, their testimony would help Wiz support his claims.

Reputational injury does not have to be demonstrated with a monetary loss (ie. the loss of a job, loss of income) but can be demonstrated through an attitude shift made toward the person defamed by those who heard the defamatory comments, perhaps through ridicule, hatred or a lowering of the esteem shown toward the person defamed. When this is the only "damage" demonstrated, then it is up to the jury to set a figure as compensation for an injured reputation.

Although courts will often give the defendant in a defamation action the benefit of the doubt when there is fuzziness with proofs, and it certainly helps either party to have supporting evidence (witnesses, work product, whatever) to show the truth or falsity of what was said, the burden in a defamation action between two private individuals will fall on the defendant.

It does not sound like, from what has been posted so far, that WizKid has much of an action he can pursue with any likelihood of success. Cbg and HotTopic are right that WizKid has provided no clear indication that he was slandered. If WizKid wants to provide an example of what others have said the employer said, then it would be easier to tell if the comments made by the employer were opinion, truth, or defamatory.
 
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