I got a slanderous 90-day review the day after seeing a DR for a work related injury. I want to sue for retaliation & slander

Asked about 1 year ago - Fairfield, CA

I received a slanderous performance review that was filled with lies. I have witnesses, emails and documentation to back me up and discredit the employers false claims. They claimed I did not learn various software applications, claimed I had bad behavior and was very negative. The reality is they never gave me access to the programs and my work habits were never under scrutiny or complained about until I saw a doctor. Even the Occupational doctor that I saw who works for my employer told me they would probably try to cover their back and try to fire me for filing a claim. So, how does a worker go from having a good record to all of a sudden is out of control? They offered me a 30 day extended probation. I declined and resigned on the spot. Why give me 30 more days if I'm so horrible

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . These facts will not support a defamation claim.

    In the first instance, your employee review has not been published to a third party -- a necessary prerequisite to establishing defamation. In the second place, employee reviews are inherently statements of opinion, even if not explicitly designated so. This fact will almost certainly prevent a finding of defamation. Finally, you cannot establish by admissible evidence that you have suffered any losses or damages as a consequence of the review. You were not fired, nor denied other employment because of it. No one has changed their previous good opinion of you because of the review. Sorry, but in this circumstance what you have is a strong difference of opinion with your former employer about your value to that employer. That's not a basis for sound defamation case. In almost all circumstances, the worth of the employee's services is the employer's call -- especially where as here there has been no aggressive use of the review.

    Pursue your claim for worker's compensation benefits with the assistance of skilled counsel.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. George Costas Andriotis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Consult an employee rights attorney ASAP.

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

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I don't see a defamation claim here.

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