What do I need to gather for a workplace defamation case?

[Need2knowinMN]

What is the name of your state? Minnesota

At my place of work, a corporation with a national presence and brand recognition, a manager in another area , who I have no reporting relationship with (directly or indirectly), had stated in a meeting with other people and myself present, among other things, that I was "not qualified for my position and should be replaced" and that she would say the same thing to all of the middle and upper management of my company.

I fear that she has already spoken to people in authority above my manager with these same comments. She was told in the meeting, by another person, that my performance is not for her to evaluate and any concerns about my performance should be brought to my manager. As well, she is not familiar with my position and does not use 90% of the databases and software applications that I use to do my job.

What kind of documentation do I need to gather and maintain in case I need to file a defamation lawsuit?

Thanks

 

[The Occultist]

Um, it sounds like you have incurred absolutely no damages. You do not have any grounds for a defamation suit. But you know what? What the heck; here is what you need to gather: several thousand dollars AND 3 years of your life. Have fun!

 

[cbg]

What kind of documentation do I need to gather and maintain in case I need to file a defamation lawsuit?

A hell of a lot more than you'll be able to get since you don't have a defamation claim.

When is it going to dawn on some of you people that the concept of freedom of speech applies to other people as well as to you? If her opinion is that you are not qualified for your position, she is entitled under the Constitution of the United States to say so. She's as entitled to be wrong as the next guy.

 

[Need2knowinMN]

We all have the right of free speech, but when that speech in a workplace and is not supported by facts and slanders another employee, then it's not free.

I would agree that right now I do not have a case. However, I want to know what information I need to gather, in order to build a case, if there is one to begin with.

 

[quincy]

In order to succeed with a slander suit, there are five necessary conditions.
The first condition is publication or communication to a third person something defamatory. The second condition is the identification of, or pointing a finger at, a specific person. The third is the defamatory remark itself - which exposes a person to hatred, ridicule, contempt, or lowers this person in the esteem of others, or causes them to be shunned, or injures them in their business. The fourth necessary condition is fault - which in some states means that a person saying something defamatory must say it with "actual malice" and, in other states, with negligence. The fifth condition is injury - the person defamed must demonstrate loss or reputational injury of kind - this can include monetary loss, reputational loss, personal humiliation, mental anguish and suffering.
"Defamation" differs from "opinion". Opinion can be neither proved nor disproved, and in a defamation suit, proof is imperative. I can say that I do not think you are qualified for the job. Can you prove that I don't think that? No.
This manager in your case merely stated an opinion. You cannot prove that she does not believe what she said to be true. And you have no injury as you still have a job.
But, as others have pointed out and as I always point out, you can always sue someone at any time for any reason whatsoever, and if you want to spend years and lots of money, you can always do that. But slander suits are hard to win and I do not see your situation as one that has any chance of being successful.

 

[cbg]

You don't seem to get it.

You were not slandered. Not even close. Nor does the location of the speech have anything to do with it.

 

[Need2knowinMN]

Quincy,

Thank you for the detailed explaination. I knew that there was a long road between what had been said in front of me and a remote chance of a succesful lawsuit. I purposely did not include all of the details of what transpired in front of me, but even then, I can see that there's still a long road.

Thanks again for the information.