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Can I sue my employer for slander, discrimination or possibly creating a hostile work environment which forced me to quit.

Martinsville, IN |

I am a storemanager at a local rest. My boss a waitress and I had a meeting to talk about some problems. The waitress admitted to my boss I had nothing to do with it. After the meeting I left. My problem is after I left, my boss started calling me a liar and thief and I'm a d&&k and need to quit acting like a b&@ch, infront of these workers that I manage. It was also said "if we r shooting bi&$hes let's start with him". My 30 yr boss was saying and allowing the 16yr wait. to do this and telling others about the incident. I can no longer manage these workers due to this and feel threatened by her actions. I am also not a thief, liar or other 2 opinions. My boss has a history of discrediting me to my workers and now I am done. I feel that she purposely discredited my reputationout of hate.

Attorney Answers 3

  1. Best answer

    You may have a good claim for defamation. You should consider trying to get written statements from your witness.

    Until you come in for a consultation, please be advised that you are not considered a client of the firm and no attorney client relationship is established. Thus, this email is not to advise you of any legal rights but merely to advise of a general response to your posting. Also, please note that I am a NJ lawyer and you should ensure that before you take action, you consult with an attorney licensed to practice in the jurisdiction where you reside. This way, you can have the benefit of someone who is familiar with case law and statutes particular to your state as well as someone who can discuss your matter in more full detail as well as review documents.

  2. I am sorry that you face such a stressful situation at work. No lawyer could assess whether you have wrongful termination and/or claims for defamation based only on the information in your question. However,unless you are a member of a union which has a collective bargaining agreement with your employer and/or you have a written employment agreement, you are an "at will" employee. This means that you can be terminated for any reason that is non discriminatory (i.e, race, sex, sexual orientation, age, religion ethnicity, disability). It sounds to me like your boss does not like you, does not trust you, and does not think you behave in an appropriate manner in your dealings with other employees. While he used strong language, most courts would understand that he was expressing his negative opinion about you, rather than making assertions of facts (although the assertion that you are a liar and thief in some contexts could be defamatory). Your boss is entitled to express negative opinions about you to co-workers. Even if these opinions are unfair, if your boss believes that your conduct has had a negative impact on the business, he could terminate you for this reason, and he certainly can express his views to your co-workers. Thus, however upset you may be, without a great deal of additional information I cannot in confidence say that you have legitimate claims. The only way you can determine whether you have legitimate legal claims is to retain employment counsel in your local area to review all of the facts and details. You should know that you have an uphill battle in a situation such as this.

    Also, it is important to note that you have a duty to mitigate your damages. It sounds like you have not been fired---you simply have been criticized. If you have not been terminated, then you could be accused of violating your obligation to mitigate damages if you simply quit. Notwithstanding your boss's verbal tirade, if you have not been terminated then you probably still have the opportunity to continue performing your duties and, hopefully, improve your performance. If you have been terminated, then you have an obligation to mitigate your damages by seeking additional employment as soon as possible. Bottom line---go see an employment lawyer in your local town.

  3. Legal Advice: after 3 years, there will be so many versions of that meeting that it will be hard to prevail. Practical advice: find another job and leave by the High Road.

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