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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 9833
Experience:  JD, MBA
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I cannot get a job ANYWHERE, after being fired (retaliated

Customer Question

I cannot get a job ANYWHERE, after being fired (retaliated against for whistleblowing) as a police officer. And I mean, I have applied at even all the local fast foods. There was so much published in the newspaper that was not true, and no one will give me a chance. Things said in closed meetings very defaming of me made their way into the public. What can I do? How am I supposed to live?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Have you considered filing a lawsuit against the people who defamed you? Also as a practical matter, have you considered relocating to a place where people would not know you?
Customer: replied 1 year ago.
Yes both. 3 young children make that option tough.....I am serving the village with an intent to sue on Friday. Can I include the specific board members in the lawsuit, or do they just fall under the guise of the village? I will be filing in fed court
Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Yes, you would definitely want to file the lawsuit against the specific individuals who defamed you because the village may not likely be liable for such defamation (an employer is not generally liable for defamatory conduct by an employee). Accordingly, even if the village could ultimately get the defamation count against it dismissed, the individuals may still be held liable for that. Of course, you also have the retaliation claim against the village.

If I were you, I would definitely retain an attorney for this lawsuit. The claims that you have are not small claims types of actions. They require an expert litigator, and somebody with experience in federal court since defamation is generally only heard in state courts. The attorney will have to make specific arguments to keep the defamation claim in federal court.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
Customer: replied 1 year ago.

the problem is that the defamation may have passed the 12 mos. SOL's, while the two year SOL's is still in effect on a federal suit....is there any way at this point to work the defamation back in?

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Unfortunately, if the statute of limitations has already expired on the defamation, then it is too late. You would not be able to maintain the defamation count even in federal court because the federal court would use state law to determine the outcome of that lawsuit. Accordingly, the 1 year statute of limitations would apply in federal court. The only possible way around it would be to argue that you did not (and could not) discover the defamation until more recently. This is called the "discovery rule," and it is an exception to the statute of limitations.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 9833
Experience: JD, MBA
TJ, Esq. and 2 other Employment Law Specialists are ready to help you

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