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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102601
Experience:  Years of experience in running a medium sized law firm.
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Good afternoon. A co worker accused me of recording a video

Customer Question

Good afternoon. A co worker accused me of recording a video of her when I was simply using my phone. She contacted the HR department and we had a short meeting. I told them that I did nothing wrong and they accepted that. Is it okay for a co worker to accuse me of things like this without consequences? Thanks.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Please tell me what state is this in? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Expert:  Ely replied 1 year ago.
Thank you. No, this it is not okay. Or rather, this can be cause for a suit. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one. Here, her actions give rise to arguably defamation and intentional infliction of emotional distress. The elements of a defamation claim are (1) The defendant published a statement; (2) The statement was defamatory concerning the plaintiff; (3) The defendant acted with (i) actual malice, if the plaintiff was a public official or public figure, or (ii) negligence, if the plaintiff was a private individual, regarding the truth of the statement. WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). The elements of a cause of action for intentional infliction of emotional distress are: (1) the defendant acted intentionally or recklessly, (2) the conduct was extreme and outrageous, (3) the acts of the defendant caused the plaintiff to suffer emotional distress; and (4) the emotional distress suffered by the plaintiff was severe. Kroger Tex. Ltd. Partnership v. Suberu, 216 S.W.3d 788, 796 (Tex.2006); Twyman v. Twyman, 855 S.W.2d 619 (Tex.1993). If her actions are found to have been fraudulent, malicious, or grossly negligence, punitive damages may be requested as well under TCPRC 41.003. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!