Employment Law Questions? Ask an Employment Lawyer.
Thank you for your follow-up, Debbie."Defamation of character" is is a situation where someone makes a false statement of or about you to third parties that causes you to have damages, specifically financial damages. The ultimate defense to any defamation claim is truth. Another defense to defamation is 'opinion'. If someone feels that they have an unfair schedule, that is not a defamatory statement because it is ultimately their opinion. This is why I do not see defamation as necessarily actionable here, at least so far. Until you know more, there is as yet no basis to resort to lawsuits. As for asking the employer, this is currently their internal investigation and they have no legal obligation to inform you of their findings. They can choose to inform you, so it does not hurt to ask, but HR does not have to tell you the details of the complaint until they are ready to do so.Good luck.
Thank you for your follow-up, Debbie.I can understand that, and approve of your vigilance. But if I may be somewhat contrary, it may be wise to have HR evaluate this first. Coming on too aggressive can be read as 'intimidating' and may become a bit of a self-fulfilling prophecy for you. This is a situation where letting HR evaluate first is safer and better because if HR merits there is nothing wrong, there is nothing further for you to do, but if you push for a response and HR may consider some legitimate grievance, they would be pushed for a decision, and a negative decision potentially in your favor.Good luck.
Thank you for your follow-up, Debbie.My apologies but penalize you for what, for discussing this with your superior? That is not a disciplinary offense, it is simply your attempt to get information, and that is not really a violation.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).