How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36753
Experience:  I provide employment and discrimination law advice in my own practice.
Type Your Employment Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

One of my employees just filed a complaint to HR about me stating

Customer Question

One of my employees just filed a complaint to HR about me stating the scheduling was not fair. We have an open door policy but the employee did not go to my boss. Can I call the HR dept and complain about defamation of my character?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

My apologies but why do you feel it as defamation? What specifically did the person say about you that is somehow untrue?
Customer: replied 11 months ago.
This person got the best schedule so far and it's in black and white but my boss just told me HR dept was called 3 times. She just stated "scheduling" but I don't know exactly what the complaint was about. Can I call my HR dept and find out the complaint made against me?
Expert:  Dimitry K., Esq. replied 11 months ago.

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.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36753
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 7 other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
I do not want this situation to be swept under the rug. So far, my boss said she will call me back after mentioning "intimidating" to me. I have not seen this employee so far but wants this matter resolve so there are no more complaints about my character. I feel my job is on the line yet I did nothing wrong.
Expert:  Dimitry K., Esq. replied 11 months ago.

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.

Customer: replied 11 months ago.
Thank you for that, I will leave it alone until I hear from my boss or HR. I spoke with my partner & an associate about this issue & I thrust they will not say anything but I should have kept it to myself. Would HR penalize me for this if they find out? It was the truth about the scheduling & nothing more.
Expert:  Dimitry K., Esq. replied 11 months ago.

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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.