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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1848
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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A hotel manager told my boss (who was not staying at the hotel)

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A hotel manager told my boss (who was not staying at the hotel) that I was involved in situation where the cops where called and I was arrested for breaking the door. However, the cops were called in which i explained the situation and what happened and i was therefore cleared of any wrong doing and no citation or arrest was made. Since the hotel manager told this to my boss, since she told him police were involved i was demoted and have lost a good portion of my salary. Is there anything i can do to reprimand the manager for disclosing information about my stay?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation.

Brandon, Esq. :

When a person makes a false statement of fact about another and that statement causes them economic harm, that person has a claim for what is known as defamation.

Brandon, Esq. :

Accordingly, if you wanted, you could bring a claim against the manager for stating something that was not true.

Brandon, Esq. :

You can do this in a court of competent jurisdiction, or you can get a personal injury attorney involved.

Customer:

Which would you advise would be the best route to go?

Brandon, Esq. :

If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Brandon, Esq. :

If you believe you have lost less than $10,000 I would file a claim in small claims

Brandon, Esq. :

If you believe you have lost more than this, I would speak with a few personal injury attorneys in your area

Customer:

What would I all need to go about this procedure in small claims court

Brandon, Esq. :

You would go down to your local courthouse and get a claim form to file a claim for defamation. Then you would fill out another form to serve the complaint on the manager, and another one to supoena any witnesses you may have. Then, you would need to prove that 1) a statement was made, 2) that statement was false, and 3) that it caused you economic damage (the demotion)

Brandon, Esq. :

You would want to bring any documentation or witnesses you have in order to properly bring a claim

Customer:

okay perfect. What if a witness does not want to participate? what can i do about that?

Brandon, Esq. :

That is why you would fill out the form to supoena them. That is a court order requesting that they appear at the courthouse at a specific time.

Brandon, Esq. :

i.e. the trial

Customer:

Oh okay. that makes sense. If the manager said I broke the door and the pictures I have show a scuff mark of a show would that be in her favor or no? This is my second to last question. Sorry

Customer:

*shoe but no damage to the aforementioned door**

Brandon, Esq. :

Meaning as the reason you were demoted?

Brandon, Esq. :

If the manager stated that you were arrested, and you were not, then this would qualify as a false statement of fact.

Customer:

Well it was more so that I was 2nd in line to be promoted which would increase my pay by $11k and i would also receive a yearly bonus of 12% of my new salary. My boss mentoined that because of this incident I was taken out of the pool.

Brandon, Esq. :

If you can show that the statement that you were arrested was the reason for the demotion/being taken out of the pool, then this would be a false statement of fact that caused you economic harm.

Customer:

Okay. I can do that. Thank you! Wish me luck

Brandon, Esq. :

Good luck! Have I fully answered your question today?

Customer:

For the most part, yes. I have a lot of questions in regarding this. My only question is I thought it was against the law for people to disclose information to client data about their stay. I didn't think she had any right to tell someone about my business that did not involve the 3rd party person.

Brandon, Esq. :

Unfortunately there are no legal requirements that would prevent this in a hotel setting (different for health care professionals)

Brandon, Esq. :

While it is very unprofessional, it is not unlawful

Customer:

okay. that answers my questions. thank you for your help!

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1848
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 6 other Employment Law Specialists are ready to help you

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Brandon, Esq.
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