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PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 17526
Experience:  B.A.; M.B.A.; J.D.
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I filed a complaint against my employer

Customer Question

I filed a complaint against my employer and my boss made a false defamatory complaint to police, which the police dismissed as harassment.  One concern is this a stain on my clean police record and how it impacts future employment opportunities. What are my rights?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  PhillipsEsq replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I filed a complaint against my employer and my boss made a false defamatory complaint to police, which the police dismissed as harassment. One concern is this a stain on my clean police record and how it impacts future employment opportunities. What are my rights?
Response: You can ask the Police to charge the your boss for filing false Police Report and for harassment. If the Police refuse to take any action against your boss, then you may not file a defamation suit because you would not be able to prove all the elements of the Defamation if the false information was only reported to the Police, who are privileged third parties.
In order to prevail in a defamation suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party (spreading of rumors, making false accusation); (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher—this may not apply to you if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation.
You would need to consult with a Civil Rights Attorney in your area to assist you in putting your claim together as these cases can be very difficult to win. Interview at least three Attorneys and/or review their web sites to see which one will be a better match for you. You want to look for someone who is not too busy to handle your case; someone who will return your phone calls in a timely manner, and someone who will give you prompt updates on your case
Click here to find local Civil Rights Attorneys in your area:
http://www.lawyers.com
http://www.justia.com

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