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I began an employment discrimination claim, was offered a small settlement, and then it was refused because the employer and his attorney was told by a mid-level manager that I was "covertly working for a competitor and collecting disability simutaneouly" which was not true and then I was told if I persisted, my new employer would be dragged into it. I did not have the money to further pursue. Can I take the manager who told the lie to small claims court?
Submitted: 377 days and 14 hours ago.
Category: Employment Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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Posted by
INFOLAWYER
377 days and 14 hours ago.
Answer
You can pursue the claim for discrimination against the employer and you can sue the slanderer but would need to prove the false statement, that it was false, and that it harmed your reputation. Consider focusing on the discrimination claim as the manager may not have asseys to collect.
377 days and 14 hours ago.
Reply
Martinez, California
Already Tried:
I hired an atty who got a right to sue and started things with the corporation. I knew it would be a difficult case to prove, but didn't let it go without a fight. After three months, he demanded a $10,000 settlement for my resignation, they countered with $5,000 which I agreed to just to end it all. Then the offer was rescinded my atty said because their attorney told him they had been told that I was working for the competitor and collecting disability at the same time. There is only 1 person who would have said this and only one place for it to come from. They then ended all negotiation, andI was told by my atty that was allhe could do without me paying more. I didn't have anymore to pay with so that was that. He did file an extension on the right to sue. At the very least can I take this manager to small claims court for defamation of character.
377 days and 14 hours ago.
Reply
I know that I could continue the discrimination claim if I had the money to do so. However, it was already difficult at best and I already lost the original amount I paid to the attorney to begin with. I can't prove the manager said it, however I can prove that I spoke to a co-worker while I was out of work on work related stress while this was going on telling her I had been offered another position with a competitor and that they wanted me to begin training. She did not know I was out of work on disability as we did not work in the same location. The manager knew I was on disability. I believe he casually asked what was going on with me, she told him I was starting a new job and he went to his superior and attorney and said that I was double dipping. This is the particular manager my claim was against to begin with.
Answer
I dont see a strong claim against the slanderer for evidentiary reasons.
Expert:
INFOLAWYER
Pos. Feedback:
95.4 %
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Answered:
11/10/2008
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