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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 101049
Experience:  Years of experience in running a medium sized law firm.
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I work with an employee who has accused me of behavior that

Customer Question

I work with an employee who has accused me of behavior that is condescending and that I am out to get her. I have attempted to ignore the situation however now she has went to HR. I went to HR with emails proving that I have no ulterior motives but HR response was that the two of us just need to get along. How do I get her to stop saying untrue accusations, even through I have proved the accusations to be incorrect, and my HR department will not get involved? In addition, I am a lead however I am on my way to being a manager but the HR department is using the accusation as a reason to delay my promotion to manager. Do I have any options?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Washington State
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Nothing I can think of at the moment.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

While this may seem heavy-handed, if she is really bothering you that much, consider using an attorney to send a cease and desist letter, threatening a suit for defamation if she does not comply.

A defamation plaintiff must establish four essential elements to recover: (1) falsity; (2) an unprivileged communication; (3) fault; and (4) damages. Mark v. Seattle Times, 96 Wn.2d 473, 486, 635 P.2d 1081 (1981); Sims v. KIRO, Inc., 20 Wn. App. 229, 233, 580 P.2d 642 (1978); Restatement (Second) of Torts § 558 (1977), Bender v. Seattle, 664 P. 2d 492 - Wash: Supreme Court 1983.

In essence, you can sue someone for spreading lies about you.

The letter does not have to come from an attorney; it can come from you. However from an attorney it would seem more menacing. Let me know if you need an example of such a letter.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!