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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32395
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I work with an individual who does not accept responsibility

Resolved Question:

I work with an individual who does not accept responsibility when they screw up, and so their defense generally involves blaming others. I'm sick of being blamed for his mistakes, might I have a claim for defamation? He's trying to hurt my reputation.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

This is a co-worker? What type of false statements is he making about you to others?

You mention that he is a racist, is it apparent that he is treating you less favorably because of your race?
Customer: replied 2 years ago.

For instance, he blamed me for one of his staff not getting approved travel orders in time to meet their request but he did not follow procedure and approve those travel orders so I knew I could have my staff make the arrangements. He told his staff it was my fault, so they came crying to me about the problem when he and my supervisor told me that they "want to teach her a lesson". When his staff person left on travel without a travel order, he also blamed me and my staff. He's called my ideas idiotic in front of staff, but then after discussion we adopted my idea for change in a program. He's accused me of obfuscating information as it relates to our budget.


 


No, it's not apparent from a "legal" standpoint that he's treating me different than everyone else because of my race; he's native American and plays up the racist card to the point of engaging in reverse racism because his supervisor is terrified of him. He's a bully, has noted his distaste of white people in the office despite that is 98% of the office, and he's chauvinistic -- particularly hates strong white women. That said, I doubt any EEO counselor would say that I have a case, yet, but that doesn't change the fact it's really impacting our office and office morale.

Customer: replied 2 years ago.

Yes, a co-worker. A known problem manager. The second in charge for our region (we are a federal agency) called him "inhumane" but he did so in an "off-the-record" conversation with me.

Expert:  Tina replied 2 years ago.
Thank you very much for the additional information. I have reviewed it and am working on your answer now.

Expert:  Tina replied 2 years ago.
The EEOC does typically take charges of reverse discrimination very seriously, but if the claim is not resolved through the EEOC process, courts are more likely to dismiss such cases as it is normally quite difficult to prove reverse discrimination.

In addition, if the manager treats others similarly, not because of race, but because he is generally a bully, that would make it even more difficult to prove such a case normally.

Therefore, the strongest claims you may have here would appear to involve defamation and possibly interference with contract relations, since the manager is making false statements about you that you can prove are false and appears to be engaging in a course of action designed to disrupt your relationship with the employer, perhaps even trying to get you fired from your job.

Give this, it would normally be best to retain a local employment law attorney to communicate a demand to the manager directly that such conduct cease or legal action may be taken to protect you from further bullying, or a suit for damages may be filed if your reputation or employment relationship are injured.

Here is a link that discusses this type of tort claim:

http://www.lectlaw.com/def/i084.htm

The state and local bar associations can provide attorney referrals. The state bar's website is at calbar.org.


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

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Tina, Attorney
Satisfied Customers: 32395
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you

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