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I was hurt at at my job our upper management investigated and

Answered by:AlexiaEsq.
Managing Attorney
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in Employment Law

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Customer Question

I was hurt at at my job our upper management investigated and mentioned no wrong doing on my part
then later a member of upper management wrote a memo company wide claiming i was hurt due to in proper
use of a tool is this libel or not

Optional Information:
State/Country relating to question: Arizona

Already Tried:
in formed supervisor and HR of my concerns

Submitted: 347 days and 13 hours ago.

Category: Employment Law

Value: $38

Status: CLOSED

Expert: AlexiaEsq. replied347 days and 13 hours ago.

Hi, thanks for your inquiry! I have been practicing employment law for 17+ years and have specific experience with issues like yours. I am working on your answer and will be back shortly.

Accepted Answer

Expert: AlexiaEsq. replied347 days and 13 hours ago.

Hi again, and thank you for your patience. I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top knotch answers to all of my customers. I am happy to share with you my decades of experience as I donate my time here.

Please DO remember to only rate my answer when you are 100% satisfied with my diligence and effort in accordance with your chosen transaction. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!

That being said, with regard to your post:

In order for it to be defamation, there are a few requirements you have to find. First, when he said you were hurt due to improper use of a tool - that statement would have to be FALSE. If it was true, and he could prove you were improperly using the tool (whether by accident or on purpose), then it would not be defamation because truth is a defense to defamation. However, if it was false, then you move onto the next question - was it derogatory? Did it damage your reputation and cause you financial damage (such as losing a promotion, losing your job, etc.). If it did not, you would not yet have a cause of action for defamation, because there must be financial lost or damage to reputation. Sometimes the damages results do come later.

I hope this helps - you need to know the answers to the above to know if it is actionable libel. It could be, but not necessarily based on your facts provided.

Feel free to follow up if need be.

Optional Information:
State/Country relating to question: Arizona

Already Tried:
in formed supervisor and HR of my concerns

-------

I hope this clarifies and I wish you the best.

Please remember to only rate my answer when you are 100% satisfied with my diligence and effort, and will click a button to the RIGHT side of the choices. IF you feel the need to click either of the two stars on the left, please stop and REPLY to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!

If you do CONTINUE CONVERSATION, If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer.

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Only a positive rating on the right side of the choices is acceptable to me, AND unless you so rate me, I am given no credit for time and effort - so please rate accurately with that fact in mind. I have been a stage 4 (highest) professional here for 4 years, and enjoy giving top knotch answers. While I can not provide crystal ball answers and am not a psychic, I am happy to share with you my 17+ years of experience as I donate my time here.

You can ask for me directly in the future by starting your post with "To Alexia Esq."

Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need.

Expert Type	Managing Attorney
Category:	Employment Law
Pos. Feedback:	99.4 %
Accepts:	1848
Answered:	7/7/2012

Experience: 19+ Years of Legal Practice in the Employment law arena.

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