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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3617
Experience:  Experienced in both state and federal court.
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I am a constable in my state in DE. There are State, County

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I am a constable in my state in DE. There are State, County and city Police in DE as well. I work for the County. Me and my Supervisor do not get along. After a no holds barred meeting with my boss and his boss he behind everyones back called NCC police a day later and filed a police report that I threatened him and that I knew where he lived and allegated that I was going to harm him. All False! After the investigation they spoke to his manager a asked if all this was true and he advised him that in his eyes no threats occurred. I was embarrassed and jeered by my peers. Can I sue him as both a manager for the county and him personally for libel and filing a false police report?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Has this allegation impacted your career?

JACUSTOMER-ew7aqpd3- :

somewhat

TexLawyer :

Could you explain how it has impacted you, particularly financially (i.e. you did not get a promotion would have likely otherwise received).

JACUSTOMER-ew7aqpd3- :

Since this incident I was involved in an on duty Accident and was injured on full disability for several months and now I am back to work light duty and he has made my life miserable. I had to file a second hostile work environment claim against him with my union.

JACUSTOMER-ew7aqpd3- :

he suspended me without pay and I had to fight in a hearing to get my pay back. He was caught in a lie during the hearing and I have proven this several times in other meetings

TexLawyer :

OK. Do you think you think there is enough to prove a false statement or false report on his part?

JACUSTOMER-ew7aqpd3- :

He maliciously annoys me with intent and knows what to do to circumvent the law He is in administration not a constable his title is a Asst Administrator

TexLawyer :

There are a few options here. First off, you can file charges against him for false report. Of course, if it comes down to a "he said, she said," it may be difficult to prove.

JACUSTOMER-ew7aqpd3- :

His boss advised that he should not have done that

JACUSTOMER-ew7aqpd3- :

After the meeting he said what happens in this office stays in this office

TexLawyer :

Second, you can bring a civil case for slander, which is intentionally making false, negative statements about a person. Falsely accusing a person of a crime would definitely be slander.

TexLawyer :

Based on what you've said, a slander case certainly seems readily provable.

TexLawyer :

However, this issue is proving up damages. In order to make a good case, you have to be able to show that the slanderous statements somehow cost you money.

JACUSTOMER-ew7aqpd3- :

What type of attorney should I seek Here in De

TexLawyer :

Any general litigation lawyer should work. This is not a particularly specialized area.

TexLawyer :

I certainly think you have enough to go to a lawyer with. Again, the trick here is going to be proving up damages (that is often the issue in slander cases).

JACUSTOMER-ew7aqpd3- :

Now him being employed in management and abusing his authority are there any grounds for me to go after my employer as well for allowing him to go wild?

TexLawyer :

It is potentially possible, but the question is whether the department knew that he engaged in this kind of behavior regularly. In other words, if he was generally not like that, but went off one day, then the employer could not be held liable. In all reality, it is very difficult to hold the employer liable in a situation like this.

JACUSTOMER-ew7aqpd3- :

he has been singling me out on any issue and at times I feel he is discriminating against me.

JACUSTOMER-ew7aqpd3- :

I understand I am frustrated He is connected politically and gets away with many things

TexLawyer :

I understand your frustration. Employment issues are often difficult to deal with, as it can be hard to sue an employer and still work there.

JACUSTOMER-ew7aqpd3- :

Copy that

JACUSTOMER-ew7aqpd3- :

One last thing if I pursue legal civil action do the attorneys take these types of cases on contingency or do I have to pay a large sum up front\

TexLawyer :

The can do it either way. I've seen slander cases taken on contingency. It all depends on the lawyer and sometimes the strength of the case.

JACUSTOMER-ew7aqpd3- :

I really am not seeking monitary gain out of this I just want respect and fair treatment on the job

TexLawyer :

If there isn't going to be a monetary settlement, an attorney would have no incentive to take it on contingency.

JACUSTOMER-ew7aqpd3- :

I know that? I mean in my eyes its not about the money here however if an attorney advises me that there is a good chance for a large claim of course I will seek damages who wouldnt

JACUSTOMER-ew7aqpd3- :

I thank you for your time gaining a doctorate in your field I consider it an honor in speaking with you

TexLawyer :

My pleasure.

TexLawyer :

If there isn't anything else I can do for you, please remember to "rate" my answer.

TexLawyer :

Good luck with your case. I hope things work out for you.

JACUSTOMER-ew7aqpd3- :

thank you, XXXXX XXXXX prevail. If not now on the day of judgement in front of The Man Above

TexLawyer :

Glad to help. I'm sure justice will prevail. It isn't always a fast process, but it usually gets there.

TexLawyer :

If I can't help you with anything else, please remember to "rate" my answer. Have a good evening.

TexLawyer :

Is there something else I can do for you?

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3617
Experience: Experienced in both state and federal court.
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