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TJ, Esq.
TJ, Esq., Attorney
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My 25 year old son was a store manger and recently dismissed

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My 25 year old son was a store manger and recently dismissed for sexual harrasment. The woman that complained had been written up three times and was about to be fired for performance and told another ex-employee that she would take my son down for sexual harrassment before she would let him fire her. My son did tell the same ex-employee, when not at work, to watch out for her as she might try to take advantage of him (the ex-employee was a minor and the women is 30) as she had mentioned her promiscuity many time sat work before my son told her to stop. He advised HR of the situation. The chain said he had created a hostile work environment because he did speak inappropriately. He is now being told that she is telling other employees and even customers that she got him fired because he is a sexual deviant. What steps can my son take ,if any, to get her to stop the libelous comments. How shoudl he respond if asked by another comany why he is no longer employeed
Submitted: 5 years ago.
Category: Legal
Expert:  TJ, Esq. replied 5 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “He is now being told that she is telling other employees and even customers that she got him fired because he is a sexual deviant. What steps can my son take ,if any, to get her to stop the libelous comments. How shoudl he respond if asked by another comany why he is no longer employeed”

Answer: It sounds like your son may have a case against the woman for defamation of character and tortuous interference with your son’s employment. Assuming he can prove that the woman’s accusations were false, then he could probably win damages for getting him fired. I’m a little unsure about the defamation claim in the sense that it sounds like what she’s saying could be true … i.e. she did get him fired due to accusations about sexual harassment. However, there is a difference between telling people that your son was fired for sexual harassment, and telling people that your son is a sexual deviant. So, the defamation charge likely depends on what exactly is being said.

Probably the best way to get the woman to stop talking about him will be to hire an attorney to write the woman a “cease and desist” letter. In the letter, the attorney will state that he has been retained to represent your son with regard to the possible false accusations, and that if she does not stop making her remarks to third parties, then the attorney will be forced to sue her on your son’s behalf. Writing the letter may cost a few hundred dollars, but if it gets the woman to stop, then it’ll be worth it. The attorney can also analyze your son’s case and help determine if he does indeed have a chance of winning a lawsuit.

With regard to how your son should respond if asked why he is no longer employed, I would probably attempt, if possible, to make it sound I was let go do to the economy, or some other reason like that. I can only speculate what his former employer would say if contacted, but many employers are hesitant to give much detail about a former employee’s work history beyond the basics (i.e. the dates of employment) for fear of being sued for defamation themselves.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and is not specific legal advice.

TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9775
Experience: Licensed to Practice Law
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