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Employee's rights under TX employement labor laws regarding false statements to be terminated

Asked over 3 years ago - San Antonio, TX

I am employed at the VP level in a tech company in Texas. Another employee has mounted a campaign to have me fired. He is also a founder and resents that the investment group forced the hire. I have a reputation for integrity in business and was brought on due to my track record with startup companies.

This founder has been sending out emails to clients that are full of untrue claims and out right falsehoods. He is sending them under my name and in one case from my email (he has administrative priveldges). It is my belief he has done so to try to undermine me and to ruin my reputation.

There are numerous emails wherein he uses ploys like this in an effort to discredit me. Are these grounds for a libel suit? What options do I have for litigation?

Additional information
AN EMPLOYEE FROM A CONTACTOR COMPANY FOR THE MILITARY HAS MADE ACCUSATIONS THAT I WAS HARASSING HER TO MY COMMAND. I AM CURRENTLY ACTIVE DUTY MILITARY. THE EMPLOYEE HAD PERSONAL ITEMS AT MY HOME, I ASKED THE EMPLOYEE WHO IS A SECURITY OFFICER AT THE ENTRY CONTROL POINT WHEN WAS SHE COMEING TO GET HERE PROPERTY FROM MY RESIDENCE AND TO BRING THE MONEY THAT SHE OWED ME. AT THAT TIME THE EMPLOYEE MADE THE STATEMENT IN FRONT OF HER COWORKER FOR ME TO STOP HARASSING HER. THIS WAS THE FIRST TIME THAT I HAD ASKED THE EMPLOYEE TO COME AND GET HER PROPERTY. I HAVE AN AUDIO RECORDING OF THIS CONVERSATION. I REPLIED TO THE SECURITY OFFICER THAT I WAS NOT HARASSING HER AND I SIMPLY WANTED TO KNOW WHEN SHE WAS COMING TO GET HER PROPERTY AND WHAT WAS THE PROBLEM. THE EMPLOYEE THEN USED HER CHAIN IN THE CIVILIAN COMPANY TO NOTIFY MY MILITARY COMMAND THAT I WAS POSSIABLY HARASSING HER. AT NO TIME DID I HARASS THIS EMPLOYEE. WHAT CAN I DO TO RECTIFY THIS SITUATION. IN MY OPINION SHE SHOULD BE TERMINATED FOR FALSE ACCUSATIONS.

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Attorney answers (2)

Steven Eugene Clark

Reputation Level 7

Answered over 3 years ago. Employment / Labor Attorney in Dallas, TX.

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A libel suit requires publication of untrue statements to a third party. If emails are being sent to clients, then there is potentially publication. Whether the statements are libelous requires analysis by a qualified attorney familiar with this area of law. For example, there are Texas court opinions which hold that statements of opinion aren't libelous. Keep in mind that there is a very short statute of limitations in Texas to bring these type of actions--one year from the date of the published untrue statement. As for whether litigation makes sense, an attorney will need to understand what has transpired and review some, if not all, of the emails to determine whether they are libelous. While a plaintiff can recover nominal damages for libelous statements, like other litigation, proof of how you have been damaged by them and the amount of damage become important factors in considering whether litigation is justified.

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