What is my RECOURSE to DEFAMATION at the WORKPLACE?

Asked about 1 year ago - Atlanta, GA

Last year I worked on a project that succeeded and was widely celebrated.


This project was in direct conflict with the opinions of a co-worker and an upper-tier supervisor (not my direct supervisor).


The upper-tier supervisor removed me from the position. Both the co-worker and upper-tier supervisor (both very influential) started and succeeded in a slander campaign stating that I was a problem to work with.


I received exceptional ratings on my performance evaluations during that tenure.


I would like to get that job back (both of those individuals have left the organization) but despite my exceptional qualifications, personnel in that division will not consider me due to what they heard.


1) What can I do? 2) Do I have legal options?

Thank you.

Attorney answers (3)

  1. Troy Windel Marsh Jr.

    Contributor Level 14

    Answered . 1) If you feel like you were subjected to unlawful discrimination, you may file a claim with the Equal Employment Opportunity Commission (EEOC), subject to applicable time limits, usually 180 days after the date of the last "bad act." Otherwise, you may have a civil claim for defamation, which could be slander (verbal) or libel (written). Please be aware that defamation claims generally carry a one year statute of limitations, so time is of the essence. You should probably consult a local attorney with experience in such claims as soon as possible. Good luck.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice.... more
  2. Jeffrey Ira Schwimmer

    Contributor Level 19

    Answered . without knowing what was said as a basis for labeling you a "problem to work with", any worthwhile opinions or suggestions can not be given here. It sounds like you still work for the same company but just not on the same project. Unless it can be shown that your denial of the positioin is due to an impermissible reason (ie-gender, age, race, etc.) an employer has the right in the first instance to assign positions as it deems appropriate. However, it may be best for you to consult with a discrimiation/employment attorney in your area in private, so that you do not have to post private information on a public website such as AVVO.

  3. Christine C McCall

    Pro

    Contributor Level 20

    Answered . If former managers and co-workers stated to others that you were "a problem to work with," those statements without more are not slander. Those are clearly statements of opinion and opinion is not subject to claims of slander. Moreover, unless the position that you were transferred to paid less than your previous position with your employer, you do not have legally cognizable damages caused by those statements.

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

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