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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118658
Experience:  20+ Years of Employment Law Experience
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I work parcel company and year 2014 we was the

Customer Question

I work for a parcel company and for the year 2014 we was the number one building in the country. The first 2 months of 2015 the shift I work for was number 1 in our district and the 3rd month we was in the top 4. Our production goals are usually made and my paperwork and documentation is handed in by it's deadline. 2 weeks ago we were struggling to make our production and me and my bosses boss had a verbal altercation because it was going around that he personally accused me of sabotaging the operation and I was the reason why we didn't make our production numbers. The altercation happened on a Friday and my boss personally told me earlier in the week that he told him(my bosses, boss) that I was sabotaging the operation. Since that altercation he's nit picking and trying to find anything he can to get me in trouble. We have something called a QPR (Quality Performance Review) at which before the altercation I was considered promotable up to 2 levels and after the altercation he instructed my manager to take that off of my QPR keeping me unpromotable. Do I have a Defamation Of Character lawsuit and is what my bosses boss is doing considered retaliation??
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to have a defamation/libel suit you have to prove that they made a known false statement about you (not their opinion based on a reasonable assessment of the facts) and that the known false statements have caused you financial harm.
As far as retaliation, a retaliation claim would only be brought if you can prove he did this to you in retaliation for making a claim about discrimination based only on your age/race/sex/disability/national origin or for making a complaint under some statute (such as a wage claim or workers compensation claim or OSHA claim).
So, if you can prove that he is making known false statements against you and that through that he has now caused you financial harm, then it could be a case for defamation/libel against the boss for doing so.
Customer: replied 2 years ago.
What he did to my QPR can cause me not to get promoted and could effect my raise for the next year
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
That is why I stated above, if what he did was make KNOWN false statements and you can show that it will cause you a loss, then it would be defamation/libel. So if this will cause you to lose a raise and you can prove that he knew the statements were false when he made them, you would be able to sue the boss for the defamation (libel is written version of defamation).