Suing Co-Worker for Defamation?

[candelaisonfire]

Worker (1) is always annoying and harassing everybody at a job. Worker (1) has continually been reported to Management, to no avail.

Worker (2) finally gets tired of Worker (1) and "LOUDLY" curses them out. Everybody witnessed it and heard it.

Worker (1) exaggerates and falsifies there complaint (report) and states that Worker (2) actually threatened them

Remember, Everybody witnessed it and heard it (and gave statements)

Everybody put in there statement that Worker (2) cursed out Worker (1) , but no one mentioned hearing any threats in there statement(s)

Nonetheless, Worker (2) is the employee that gets in trouble and has been removed from thre post ( but not fired)

Can Worker (2) sue Worker (1) for Defamation, for lying, hence effecting Worker (2) financially and from possibly any future promotions?

 

[eerelations]

What US state are you in?

 

[commentator]

You did not mention your state. But a lawsuit for defamation in this situation is probably not applicable, and would be a far and expensive and silly over-reaction. And something that would probably get you fired from the job altogether. You have to PROVE that the statements were harmful to you, and when it comes to transfers and/or future promotions, that's a moot point. You can't say it has kept you from getting anything or caused anything right now. A business has the right in most cases to decide to transfer or re-home an employee (or terminate them) for any reason "in the best interests of the business." They can decide to believe whoever they want to believe in any sort of confrontation.

And there is no question that Worker 2 did do what they didn't like, which was curse out Employee Number 1, regardless of how justified they might feel that it was or whether any real threats were made. Incidentally, most people, when cursing somebody out, do tend to say something about what they're gonna do if you don't.......you know. That sort of silly talk. Threat/non threat, who cares? It was considered inappropriate workplace behavior and it got #2 transferred and may possibly affect future promotions. So it wasn't really the lies told by Number 1 that got Worker 2 out of the employers good graces, it was his own behavior.

But if you really want to screw things up for Worker #2 in this job forever, keep beating on this dead horse. As "I said/he said" simply prolongs everyone remembering what happened in this incident long after everyone but you will have forgotten it. And keeping it fresh for your employer so they cannot ever become satisfied with your performance and promote you. Avoid Employee Number 1, do not nurse this grudge or rehash this with co-workers and move on.

 

[PayrollHRGuy]

What one reasonable person may take as a threat can be different from what another reasonable person takes as a threat.

The employer had a clear understanding of what was said from multiple witnesses and took action based on that.

 

[quincy]

Worker (1) is always annoying and harassing everybody at a job. Worker (1) has continually been reported to Management, to no avail.

Worker (2) finally gets tired of Worker (1) and "LOUDLY" curses them out. Everybody witnessed it and heard it.

Worker (1) exaggerates and falsifies there complaint (report) and states that Worker (2) actually threatened them

Remember, Everybody witnessed it and heard it (and gave statements)

Everybody put in there statement that Worker (2) cursed out Worker (1) , but no one mentioned hearing any threats in there statement(s)

Nonetheless, Worker (2) is the employee that gets in trouble and has been removed from thre post ( but not fired)

Can Worker (2) sue Worker (1) for Defamation, for lying, hence effecting Worker (2) financially and from possibly any future promotions?

Defamation laws vary by state.

Anyone can sue. Defamation requires not only the unprivileged communication of a falsehood about someone to another or others but it also requires demonstrable injury and the requisite degree of fault (negligence, actual malice).

Intracorporate communications can be privileged and protected from suit under some state laws.

Here is a link to an overview of Florida's (2014) defamation laws, published by the Digital Media Law Project:
http://www.dmlp.org/legal-guide/florida-defamation-law
There is a two-year statute of limitations for filing a defamation claim in Florida.