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Michael Gonzalez
Michael Gonzalez,
Category: Employment Law
Satisfied Customers: 538
Experience:  Managing Member at EWF Title, LLC
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I am working for a company that keeps spreading rumors about

Customer Question

I am working for a company that keeps spreading rumors about me.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Michael Gonzalez replied 5 months 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.What is your specific question?
Customer: replied 5 months ago.
My question is how do i defend myself from any supervisor who confronts me with rumors that are being spread about me. I am mormon they keep making fun of me and making negative comments.
Everyone knows that certain managers have harrassed me I have reported this I am just not comfortable with someone spreading lies about me to ruin my reputation at work would this be defemation of character?
Expert:  Michael Gonzalez replied 5 months ago.
Defamation refers to uspeaking an untruthful statement about someone. "Libel" refers to written defamation. "Slander" refers to oral defamation. In the employment context, defamation has an extra hurdle. In Texas, to charge an employer with defamation, the defamation must be made in the course and scope of his/her employment. That is, the defamatory statement must be related to the speaker’s job. So long as the speaker makes the statement to persons with a duty or need to know, then the speaker will be protected by a qualified privilege. For example, if a manager makes a statement to someone in Human Resources about an employee, even if that statement is not truthful, then the qualified privilege would probably apply.An employee can overcome the qualified privilege only be showing that the speaker acted with actual malice. Showing malice is a high burden. Malice refers to a person knowingly and deliberately causing harm. Malice is more than a mistake or a misunderstanding. To show malice, an employee would have to show the speaker knew or should have known the statement was not true and that the speaker sought to cause harm of some sort.Given your facts, it appears that the rumors are not related to your supervisor's position so a qualified priviledge may NOT apply to their statements and thus, exposing them or the company to possible claims of defamation.If you are thinking of making a claim, then please consult a local attorney to protect your rights and interests. In the interim, if available, attempt to gather any documentation containing or memorializing the defamatory statements (ex. Email, memorandum, correspondence, report, etc.)
Customer: replied 5 months ago.
Can you please provide me with some examples?
Customer: replied 5 months ago.
Expert:  Michael Gonzalez replied 5 months ago.
A statement that someone is a bad employee, was late to work, failed to sell enough widgets, and so on is not the sort of false statement that indicates bad moral character. On the other hand, a statement that an employee stole money, sexually harassed another worker, or tells lies can cause lasting damage to a worker's character.In Texas, there is an additional element to prove defamation: malice. It is not enough that an employer makes a false and hurtful statement about an employee's character the employer must have done it with malice. To prove malice, you should be able to show anger, cruelty, or other facts that indicate that the employer was truly out to get you. Employers often defend themselves against accusations of malice by claiming they were exercising business judgment, made a mistake, or believed that they were acting in good faith. Finally, an employee must be able to show harm and damages arising from the defamatory statement. Hurt feelings probably are insufficient to show harms and damages. However, demotion, termination, or failure to be hired at a new job can cause significant lost wages and other economic damages.Sometimes, there does not have to be any tangible repercussions to constitute an act of employment defamation. In other words, if a false statement is so insulting that it cannot be misinterpreted, ensuing harm does not even need to occur for the victim to be defamed. In legal terms, these statements are referred to as “defamation per se.” Examples include phony claims of serious criminal mischief or sexual misconduct.
Customer: replied 5 months ago.
How would you suggest I handle employees making fun of my religion. How would you suggest I handle a supervisor that is not taking action toward employees that cause a toxic environment?
How could I approach this?
Expert:  Michael Gonzalez replied 5 months ago.
This is a touchy subject. If it has become unbearable, then I would report this to your human resources department. Hopefully, this would stop the harassment.
Customer: replied 5 months ago.
If someone accuses you of making a false statement what is the best course of action for a employee to take to maintain his good character?
Customer: replied 5 months ago.
Customer: replied 5 months ago.
I am still waiting for a answer
Customer: replied 5 months ago.
I need a response at this section of the page.