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After a social conversation over lunch it was mentioned that…

Customer Question
After a social conversation...

After a social conversation over lunch it was mentioned that my friend wanted me to take a pic of a female employee who was well endowed. two days later same female employee said she thought I was taking pictures of her. I never took any pictures, one of my co-workers must of said something about the conversation therefore creating a bad situation.

Lawyer's Assistant: Have you documented this or discussed it with HR?

Not yet, trying to get my facts straight.

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

Was full time, now I am no longer employed.

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

The person who slandered me has done so on multiple occacsions.

Submitted: 7 months ago.Category: Employment Law
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Answered in 3 minutes by:
9/30/2017
Employment Lawyer: RobertJDFL, Lawyer replied 7 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,842
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. What is your specific question I can assist with? Are you asking if you can sue for defamation?

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Customer reply replied 7 months ago
the said employee is a know skinhead, racist, who spent 8.5 years in prison, and he is aware that I don't believe in those things. he has repeatedly tried to use defamation to make me look bad over the last few months.
Employment Lawyer: RobertJDFL, Lawyer replied 7 months ago

Thank you for your reply.

In order to prove defamation, you need to be able to prove that a defendant:

1) Intentionally or nengligenly
2) Made a false statement or statements about you (either in writing or orally)

3) To a third party
4) Which caused you damages.

It sounds like, if I am understanding correctly, that their false claims caused you to be terminated, so you do have damages in the sense of lost wages. So, you very well indeed may have a good case for defamation. That said, the question you have to ask is if you could sue this person and be successful, do they have the assets or income to actually pay a judgment? Because while they could be found liable, if they don't have anything for you to collect, you could spend a lot of time and money chasing after them trying to collect on a judgment and never get a dime, sadly. And if this person were to declare bankruptcy and wipe out any judgment, then you would never get anything. So definitely something to think about.

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Employment Lawyer: RobertJDFL, Lawyer replied 7 months ago

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating. Thank you.

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RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,842
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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