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If I prove that my employers are lying on me discrediting me…

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If I prove that my...
If I prove that my employers are lying on me discrediting me because I have more credentials and a harder worker and upward Mobility is in my a repertoire and actions. And they fear of my upper Mobility in the company How can I sue the individual that lies on me to get me fired. When I prove that the actions against me was false but due to the system that they haven't place the people that's over them take their side without no proof
Submitted: 8 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/14/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,375
Experience: Licensed to practice before state and federal court
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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

The answer to your question is yes. I’m very sorry you're dealing with this. This to me sounds like a case of defamation. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

If it does, then the other party may have some defenses. Here are the typical defenses in a defamation case:

(1) Legislative Privilege - Meaning the statement was made in a legislative proceeding

(2) Judicial Privilege - any participant in a judicial proceeding the absolute privilege to utter defamatory statements

(3) Executive Privilege - privilege affords an absolute privilege to high ranking executive officers of state and federal governments when acting within the scope of their discretionary duties

(4) Domestic Privilege - affords a spouse the absolute privilege to make defamatory statements about a third person to their spouse.

(5) Truth - if the statements you made were true, then this is a defense as well

(6) Opinion - courts have ruled that the opinion defense is one where if you provide your opinion, then a defamation charge will not stand.

In your case, you may be able to sue if you can prove that what they’re saying lead to you not getting promoted.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 8 months ago
Let me break it down to you I was terminated from Beaumont water utility in Texas. The accusations brought up on me reason for termination was abandonment of job and refusal of UA. Now with that being said on the refusal of UA I was never offered a UA it was on camera that I was never offered at UA if I was offered to UA then I would have took a UA. My supervisor has been intimidated of me and my job performance since I started I motivate other people around me I put God first in my life so I talked to talk and walk the walk. In my past I would have been a live wire. But I learned from my past. I'm not ignorant and and I'm not insane because I don't make the same mistakes twice. Now with that being said my supervisors see that I'm motivated because I came from nothing two something I got my CDL through God and His righteous path for me. I got my job through God. He said I can move mountains when they're placed in front of me and this is my mountain. With that being said my supervisors were intimidated of me because I was a people person and I got the job done I'm motivated everybody around me to do the job that they were supposed to do. As you know Beaumont Texas was hit with hurricane Harvey I was in the rain and storm making sure people had water. I received my check today my hours wasn't right on my check. The head man over the water utility. Sided with my foreman now I know they have a chain of command that they have to go bye. But right is right and wrong is wrong I have a newborn baby. And as God is my witness I'ma seek legal advice wherever God may take me. I'm not seeking for Revenge I'm just seeking for justice. I work for human resource in Beaumont Texas they sided with him defamation of my character and loss of my job. Okay dealing with the UA I went to the store I got it on video camera that I brought UA test video taped it all the way to my job handed it to my supervisor on video. He stated since I was so sincere that he could not do it that I had to go to HR human resources because I was terminated for a bandit in my job. Now with that being said I never been in my job we was on full alert I had to bring the truck home. To get some sleep I promise you this is the god honest truth. I was entitled to bring the truck home because we was on full alert I was first response I had to go by and pick up my men. Now tell me what you think it's more to the story it's not one-sided. It's just people in high places thinking they're above the law and and they step on a little man. What do you think
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

I understand what you mean. it seems as if you are I'm stuck between a rock and a hard place. The reason I say this is because on one hand Texas is an at-will employment State meeting that they can fire you for any reason. On the other hand, employers are required to work in good faith with their employees Under the general principles of contract law. So, you may be able to claim defamation if you believe that they were saying things that word incorrect and ended up costing you your job, but you're better cause of action maybe for breach of contract for violating the duty of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue. If this doesn't work, you may need to consider going to small claims court or through the Texas Department of Labor to mediate your claim.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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