You asked: What can I do to get the written corrective action out of my personal file? You can ask that it be removed. However, there is no legal avenue to force the comment to be removed.
If you have been defamed, you may sue for that---but that will NOT get it out of your personnel file.
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.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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I wish you and yours the best in 2016,