someone interferring with my job

[neverenough]

What is the name of your state? Tx
My boss said that she got an unsigned letter in the mail about me. Once she told me some of the things it said I pretty much knew who had sent it. She won't show me the actual letter. I don't know what my boss is going to do, she said she will let me know at the end of the week.

My question is, how hard will it be for me to sue the person I believe sent this letter? And can my boss go back and fire me over information that was in the letter?

 

[cbg]

how hard will it be for me to sue the person I believe sent this letter?

That depends on what the letter says and what damages you suffer over it. If what the letter says is true, OR IF you don't suffer any damages because of it, you can't sue at all. You can only sue if the information is FALSE - not a difference of opinion, not a misunderstanding, not someone jumping to the wrong conclusion, but that the person writing the letter knowingly and deliberately LIED. Also, the burden of proof will be on you to show who sent the letter and to prove that they LIED, and did not misunderstand or have a difference of opinion.

And can my boss go back and fire me over information that was in the letter?

Probably. But that also depends on information you chose not to share with us.

 

[neverenough]

Lied by Omission

I left off a previous employer because they would have given me a bad reference. and...

I have a job where I must not drink within a certain amount of time before reporting to work and this person saw me while they believe I was intoxicated and then saw me the next morning reporting for work. But there is no proof, just this person's word against mine.

 

[stephenk]

so were you drunk? If no, how were you acting that led this person to believe you were drunk?

 

[neverenough]

I'm not sure

I guess I was slurring a little, I don't really know. But, still the point is she has no proof. If its on me to prove it was her that wrote the letter, what kind of proof would I need and how would I go about getting it?

 

[stephenk]

okay you were drinking and slurring your speech and other things you don't remember. in their opinion you were acting drunk. you have no legal basis to do anything.

 

[neverenough]

I still think I should be able to do something

Just because I may have been drunk the night before, does not mean I was impaired the next morning. As I said there is no proof of any of this. If I loose this job because of this it will be very difficult for me to get another job.

Can't I take her to court and get my attorney to prove somehow that she wrote the letter? Isn't there some kind of discovery that would make her have to turn over her computer so I could prove she wrote it? Couldn't I get her finger prints off the paper? And once we prove that she wrote it, wouldn't she then have to prove that she saw me that night and what the circumstances were?

 

[stephenk]

" have a job where I must not drink within a certain amount of time before reporting to work and this person saw me while they believe I was intoxicated and then saw me the next morning reporting for work."

that is what you first posted.

"Just because I may have been drunk the night before, does not mean I was impaired the next morning."

This is what you just posted.

The letter writer's opinion (and it seems to be the truth) that you were drunk the evening before you reported to work is not anything you can take legal action against. How many hours must you be booze free before reporting to work? did your employer take any action against you as a result of the letter?

 

[neverenough]

Booze free

I am supposed to be alcohol free 8 hours before reporting to work. My boss is considering what to do. The fact that I lied on my resume by omitting a previous employer is being considered as well.

 

[cbg]

You will not be able to sue the person who wrote the letter, even if you are able to prove who it was.

The information in the letter is not false. You DID falsify your application. Even completely leaving out the part about the alcohol, you left an employer off your application. That IS lying by omission; that IS falsification of your application; that IS grounds for termination.

The part about the alcohol is their opinion, and you can't sue someone for stating their opinion.