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Can I sue for defamation

Dacula, GA |

My replacement at work told the employees I did their performance evaluations before I left the job. One employee was given a poor evaluation. I did not write any of them but she told the employee I wrote it. It affected our relationship as she felt betrayed by me as a supervisor and a friend. Should I notify the Human Resources department? I also don't want to get the employee in trouble for telling me, so I am concern about retribution by the new supervisor,.

I am no longer employed there, so the concern I have is for the employee who told me about her evaluation and that she was told I completed it which I did not. My position was eliminated and I chose to leave instead of seeking another position. But I am disturbed that this new manager lied about me to the employee.

Attorney Answers 6

Posted

Clear the record with HR and your boss. There should be no retribution if you're being honest.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

These facts do not raise legal issues of defamation.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

BAsed on what you have written, there is no basis for a defamation action. Addtionally, if the person who got the poor evaluation and who was told you wrote it is a "good friend", then she should believe you when you tell her that it was not you who wrote the evaluation.

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2 lawyers agree

Posted

I don't see a legal case here,

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1 lawyer agrees

Posted

I don't see any facts supporting a defamation claim.

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Posted

Defamation is the publication of a false statement that is about or concerns the plaintiff.

There are two statements here: the "evaluation" and the supervisor saying to the former subordinate that "you wrote the evaluation."

The evaluation is considered libel because its in writing. Only your former subordinate can recover for that. The new supervisor's statement is consider slander because it's spoken. Slander requires proof of actual economic loss in order to recover. If this hasn't cost you money, I would say you have no claim.

Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.

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