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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32237
Experience:  JD, BBA, recognized by ABA for excellence.
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a co worker made a false accusation against me saying I mad

Customer Question

a co worker made a false accusation against me saying I mad threating reamarks agains her. This is not true and she contacted my HR department. I put in writing to my CEO and HR that this never occurred - Theydidnt take any action whatsoever - hoping it would just go away. The underlying reason is that we were both equal status in our office and then I received a promotion and she is extremly angry and very vindictive. She has tried to have my position diminished, but has drwan the anger and rebuffing from the CEO - She has continued to say that I am harassing her . Howewver, I do not speak with her and only communicate with her via email and always copy in co-worker to prove that my email conversations are appropriate in nature. Today, I received a phone call from my HR dept saying she once again accused me of " bullying". I told HR I had enough of her slanderour and libel and false accusations as this is now impeding my ability to manage a group of 40 people - and I am contimplating a lawsuit against bith this employee and my employer for doing absolutly nothing to stop her acusations
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What information are you seeking from me with regard to this situation?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Hello Tina,


It seems that this co-worker is continuing to defame my character by making false accusations to my employer. This has been going on for over 1 year now - My employer seems to not be doing anyting except to tell me to be careful. I have put in writing that the accusations are totally false - however, HR dosent seem to tkae any actions whatsoever to stop this. AI have had a few calls with the CEO and it seems to be swept under the carpet

Expert:  Tina replied 1 year ago.
Hello again, David.

It does sound as though it is time to be more proactive about this. The employer is not obligated to discipline the employee for making the false statements and they may be concerned about a potential claim of discrimination being filed against them by this co-worker since you were promoted and she is not.

So it would typically be best for you to retain a local employment law attorney to communicate a demand to this co-worker. It does sound as though she is engaging in defamation as well as intentionally interfering with your business relations, which gives rise to another tort claim against her.

A letter from your attorney threatening litigation if she does not cease such conduct immediately may be enough to resolve the situation if she does wish to avoid a lawsuit against her.

If not, then you certainly could file suit for damages you have sustained as a result of her conduct. You could also request injunctive relief from the court, preventing her from continuing to engage in such conduct.

Here is a link which sets out the elements of defamation under NY law:

http://www.dmlp.org/legal-guide/new-york-defamation-law

Here is another link which discusses the tort of interference with business relations:

http://blog.eschwarzesq.com/tortious-interference-with-a-business-relationship/

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32237
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 13 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Tina,


Thank you for your reply. I will pursue this matter locally. What typr of attorney should i be contacting

Expert:  Tina replied 1 year ago.
Hello again, David. You are very welcome!

I would contact an employment law attorney since this is occurring in the employment context. The state and local bar associations can provide you with attorney referrals if you need one.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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