Can I sue for defamation or slander?
I was approached by the head of labor management and was told that an extra $1,500 was going to be in my check and that I would recieve $500 if I gave him $1000 for cashing it. I refused to do so and told him to just give me my amount earned. He asked me very angrily why I would not cash the check with the extra $1500. I said nothing save that I would not cash it.
So I quit and went to work with another contractor who works out of the same company Spectra. I worked two days and was told that the company had told that particular contractor whom I was working for at the time not to give me work.
So what happened was that he told me that I was no longer needed, now I cannot collect the two days of work from him and I was told at Spectra that it would be several weeks before I can recieve the money earned.
My question is, what can I do about this? I feel that I cannot work with any other contractor affiliated with Spectra because they will be told not to give me work.
2 attorney answers
Kelly is exactly right in his answer, above.
The only thing I would add is the idea of "slander per se." Since the remarks made against you were disparaging of your career, occupation or profession, you do not have to prove up an exact amount of damages, as the Court and/or Jury can presume damages in a slander per se case.
If you suffered less than $10,000 in lost wages and future damages, consider filing the lawsuit yourself in your local Justice of the Peace court. Your total cost will be approximately $70-80 and you can have your day in court to call witnesses, ask questions of your former employer, and hold them responsible for their actions.
Morris & Allen, pllc
New Braunfels, TX
You have several questions within your paragraph. To answer your main question, you can sue for defamation. However, these cases are very difficult to prove and require a lot of time and money. No lawyer that I know of is going to take a case like that without requiring a substantial amount of money as a retainer. unless you feel that you have been wronged to the tune of more than $25,000.00 it's not worth pursuing as it will cost you that much to get the case to litigation.
Your best bet is to talk with an employment lawyer. Texas is an "at will" state, which means that your employer can hire or fire at will, unless you were specifically under a contract. However, wrongful termination is a worker's comp issue that may allow you to obtain a portion of your income based on your employer's misdeeds in firing you.
Sign up to receive a 3-part series of useful information and advice about personal injury law.