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I'm a subcontractor who has been working with the

Customer Question
I'm a subcontractor who...

I'm a subcontractor who has been working with the entertainment company for a long time. And just recently I found out that a musician I fired told my boss that I had a mental health I see and that I'm not fit to run the band. Can they do this??

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I'm subcontracted I've been subcontracted for 9 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I told the exmusician a situation that was happening to me awhile ago in confidence because he was my friend. Now he's using that against me.

Submitted: 9 months ago.Category: Employment Law
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Answered in 9 minutes by:
9/25/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 9 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,480
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, it is not defamation of character because it is a true statement. You shared that information with him, so he would have a complete defense to defamation (because it is true) or a HIPAA violation (because he didn't illegally obtain the information from medical records).

It also doesn't fall under the ADA, because the ex-musician is not your employers and you are not an employee for the purposes of that statute to apply.

I wish I could tell you differently here, but your facts fall into an unprotected pocket of the law.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 9 months ago
ok, so I'm not protected at all because I am a subcontractor and he's telling my employer and people outside of the workplace about my condition? If it's outside of the workplace, can I contact another type of lawyer?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 9 months ago

I addressed the other type of law applicable (personal injury), because I also practice in that area.

It's not a workplace issue because he isn't your employer.

It's not a personal injury law issue because he isn't lying. Telling others negative things about people, even when personal, isn't illegal (unless the information is specifically protected, and this isn't).

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Customer reply replied 9 months ago
Ok, I guess my question is it's never affected my work. He's upset because I fired him and he's saying I'm unstable and unfit to lead the band because I have a mental illness. I've never shown anyone or anything to prove that.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 9 months ago

You could argue some sort of misrepresentation, but what it really seems like is an opinion rather than an asserted lie intended to cause you harm.

These sorts of reputational suits are nearly impossible to bring anymore, which is why I'm being very uncharitable on your position here.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 9 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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