Good afternoon Manny,
You simply don't have a case for intentional infliction of emotional distress. The actions of the employer were not outrageous enough to qualify under the law.
As for defamation, I doubt that as well. This is because opinions are not actionable. They can say you are a bad employee, hateful to customers and that is a protected opinion under the law.
Only if the made false serious statements of fact---and I don't mean accusing you of missing 4 days when you only missed 3. And in quasi judicial actions like unemployment hearings---what ever the witnesses say is immune from defamation suits.
If the employer makes false statements of you to a future employer---then you may have a case.
From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.
1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.
In order to win a defamation case, you must prove the following:
- A false statement was made about an individual, generally yourself;
- The statement was made to a third party;
- If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
- Finally, you must show that you have suffered damages.
While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.
The law generally recognizes four types of Defamation Per Se:
1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.
2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.
3. The third category deals with allegations of sexual deviance or the lack of being a virgin.
4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.
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I wish you the best in 2013,