What do i do legally if i have been slandered by an employer and punished professionally for something that was not work related

Asked over 3 years ago - Concord, CA

Ok so i will try to explain this to my best. I was roommates and dated one of the owners of the company i work for. long story short it didn't work out i moved out.Her vehicle got damaged and i was the one blamed for doing it.I didn't and was no where near it but thats beside the point. Ok so the following day I come to work and the owner said I need you to leave your work truck from now on here cause of vandalism in the area.(totally understandable) next he says he needs my shop keys and that I am not to be at the shop before or after business hours.. now thats when I had to ask why whats up with that? He said quote "you know what you fu**ing did" i replied no and i do not. He in return said i crossed the line and that i know what i did. and so from there on its escalated. what can i do?

Attorney answers (3)

  1. Michael John Tonsing

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I don't understand. You say you have been punihed, but I don't see how. To be defamation, an untrue statement about you would have to have been made in the presence of a third party. I don't see that, either.

    I don't understand "from there on it escalated" either, for that matter.

    Bottom line: Not enough clarity in factual description to enable a lawyer to help much.

  2. Jeffrey Mark Adams

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Sorry, this doesn't sound like slander. It does sound like a problem at work is brewing. Be careful and keep records. Jeff Adams

  3. Brian Curtis Pascale

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Defamation is a false statement of fact against an individual’s character or reputation, either intentionally or negligently published to a third person, holding the defamed person up to ridicule, contempt, hatred, shame, or disgrace. As you now see personally, defamation has serious repercussions, both personally and professionally for the intended victim.

    There are two types of defamation: Slander and Libel. Slander is an untrue spoken statement about a person that harms their reputation and standing in their community. A person injured by slander can bring a civil lawsuit against the party that made the false statement.

    Where a person is defamed in writing, it is called libel. Libel also includes television broadcasts. In many ways libel is more serious because it is more likely to reach a far greater audience. In New York a libeled person’s damages are presumed because the defamatory statement is preserved for a greater period of time.

    It is important to note that the statute of limitations for defamation is different in each state. A statute of limitations is the time that a civil or criminal action must be brought forward. The limitations period begins when a defamatory statement is communicated to someone other than the plaintiff. For instance, in New York, New Jersey, and California the statute of limitations is one year. However, in Washington and Indiana it is two years. Because the time to bring an action defamation is shorter than a negligence action, it is imperative that a person who believes they have been defamed speak with an attorney immediately.

    I do not believe, based on the information you provided, that I can say whether you have been defamed. You need to find out what was falsely stated about you. You should speak with a local attorney immediately. Look on AVVO, that has been a good resource for me personally when I have looked to refer an action.

    I assisted my brother in writing several articles on this topic. Two of them are listed below:

    (1) http://www.suite101.com/content/defaming-the-in...

    (2) http://www.suite101.com/content/will-justice-be...
    I wish you the best of luck.

    If you found this helpful I would appreciate your clicking the "thumbs up" below.

    If you want to learn more about my law firm access our website: www.pascalelaw.com . You can also learn more about me including my contact information on my Avvo profile

    Legal Disclaimer:

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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