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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101420
Experience:  Lawyer
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A customer has recently contacted my place of employment and said that I had engaged i

Customer Question

Hi, a customer has recently contacted my place of employment and said that I had engaged in an inappropriate conversation with a younger employee about illicit behaviour. Both myself and the other employee have denied this claim when our manager confronted us. My manager did not provide us with any information about the complainer, did not investigate the claim and did not believe or even pretend to believe myself or the other employee when we denied it. This false claim made by this customer has potential to cause me to be terminated from this job. Not to mention, my primary job, my career, involves working with children and maintaining a professional attitude, if I lose this job, or these claims if published or spoken to anyone can cause me to not get a job in my primary field in the future. I am wondering if i have reasonable grounds to sue the customer who complained, for defamation of character.
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
I want to sue the customer who complained and made these false accusations because both myself and the other employee are likely going to be losing our jobs. The accusations are so serious that they could prevent me from obtaining employment in my primary field of work and they are untrue. Not to mention they have no weighed heavily on my integrity and character and it is causing me immense emotional stress to know that these allegations have been communicated to my manager and anyone else the customer may have told.
Expert:  Debra replied 2 years ago.
Do you know who the customer is?
Customer: replied 2 years ago.
No I do not.
Expert:  Debra replied 2 years ago.
Will the employer reveal this without you getting an order?
Customer: replied 2 years ago.
I'm sure they will. I do have the man's phone number since he called the store. But it's a cell phone so the name is ***** ***** in the listing.
Expert:  Debra replied 2 years ago.
Yes you can sue this man for defamation.He told lies about you to others and this harmed you reputation and caused you to lose your job.This is a serious situation and damages are easier to prove than otherwise because you actually lost your job.For this reason it would make sense to consult with a lawyer face to face with a view to retaining the lawyer to send this man a letter demanding a written retraction and apology and compensation for the damages you've now incurred and threatening a lawsuit.
Customer: replied 2 years ago.
Can this also be a wrongful termination case on top of the defamation since no investigation has been done. And the manager did not believe myself or the other employee when we attempted to explain ourselves. We have cameras in store and they did not check them to find out that man was even in the store.
Expert:  Debra replied 2 years ago.
Yes it would be if you were dismissed for cause.
There was no warning letter previously and not investigation at all. You had to be given a chance to tell your side of the story.
Customer: replied 2 years ago.
Even though there's no proof that we didn't say that other than myself and the other employees testimony? Do I still have grounds for a defamation suit since its "he said/she said?"
Expert:  Debra replied 2 years ago.
You will have both your testimony and could also bring in character witnesses.It is often he said/she said but judge's are good at determining credibility and you will be able to cross-examine that customer under oath.
Customer: replied 2 years ago.
Would I could contact a civil lawyer?
Customer: replied 2 years ago.
Also if this man does retract his statement, do I still have cause to sue him?Additionally, even though I'm under 90 days probabtion does this change the wrongful termination case or is it still valid to fight that as well?
Expert:  Debra replied 2 years ago.
Yes you would consult with a civil litigation lawyer.You would sue him if you suffered damages and you did.You don't have cause to sue the employer because of the probationary period.
Customer: replied 2 years ago.
Perfect. Will consult a lawyer Tuesday. I've also documented all interactions between myself and my employer.
Expert:  Debra replied 2 years ago.
Good luck!