Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I had two coworkers who went to my boss and accused me of…

Customer Question
I had two coworkers...

I had two coworkers who went to my boss and accused me of using drugs at work. My employer did not approach me until they pulled me in for a drug test. The allegations were completely false and I passed the test with flying colors. All of it was MESSED UP since it was completely made up information, BUT the part I want to know about is the fact that the two coworkers were talking to others at work about how I was put onto administrative leave BEFORE I was even approached by my employer or even took the test...I was out sick on a Monday, they told everyone at work I was out and not allowed at work anymore because I was on admin leave, I came back from being sick on that Wednesday and was not actually put on it until that Thursday...I want to know EVERY way I can sue these people.

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

Indiana

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

Um..I'm at teacher, not sure what any of that means.

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

I think that's everything. The head of HR said my drug testing and administrative leave were all confidential, but I received text messages and contact from people around the city asking me about it... AKA the lies were spread even outside of my workplace

Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 13 hours by:
12/2/2017
Employment Lawyer: lawyerJ, Lawyer replied 4 months ago
lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 176
Experience: Attorney
Verified

Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your question and will respond shortly. Please note, all information is provided for educational purposes only.

Ask Your Own Employment Law Question
Employment Lawyer: lawyerJ, Lawyer replied 4 months ago

So essentially the suit you would be looking at here would be involving defamation. However, in order to prove a defamation case, you have to demonstrate actual damages. That means that you would have to prove that the statements spread by these gossipy co-workers caused you loss of reputation that affected you financially. It would be difficult to demonstrate as you retained your job and source of income. If you can show that the defamatory statements caused you loss of opportunity (i.e. if you do side work as tutor and these statements stopped people from hiring you, or you were looking for other employment and these statements stopped employers from hiring you) then you would be able to prove up a case for defamation.

As it stands, what you could do is serve these people with a cease and desist letter, stating that they must cease these discussions in public and retract statements made to any potential future employers or else face a potential defamation lawsuit. Usually, the threat that a cease and desist letter will stop the perpetrator in their tracks, while preventing you from having to go through the steps of filing a defamation lawsuit that may or may not prove financially beneficial to you. The general form of those letters are (Dear Mr. _____: It has come to my attention that you have been spreading false statements about the administrative procedures I have gone through at ______. These false statements constitute defamation, as they damage my ability as an employable educator. If you do not (a) cease these defamatory statements, and (b) issue retractions to those you have made them to, I may be forced to file a defamation lawsuit against you.)

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

Ask Your Own Employment Law Question
Employment Lawyer: lawyerJ, Lawyer replied 4 months ago

Is there anything else I can assist you with?

Ask Your Own Employment Law Question
Was this answer helpful?
Ask lawyerJ Your Own Question
lawyerJ
lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 176
176 Satisfied Customers
Experience: Attorney

lawyerJ is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
If an employer requires you to take a random drug test but
If an employer requires you to take a random drug test but doesn't follow the policies and procedures of your place of employment, can I contest the results of the test? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
In ct. can an employer fire you for not signing a drug
in ct. can an employer fire you for not signing a drug testing consent form if already employed for many years … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was drug tested at my work for an “investigation”, I was
I was drug tested at my work for an “investigation”, I was told they had reasonable suspicion, but I come to find out according to our companies own policy they had no grounds to drug test me. The tes… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband was sent for a drug screening after a work place
My husband was sent for a drug screening after a work place "accident" (basically an infected cut), during which the drug screen facility sent his (private employer of more than 15 ppl) a fax or email… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I'm a truck driver and I just got randomly drug tested.
Hey I'm a truck driver and I just got randomly drug tested. Right now they are waiting for the results but I think it will be positive. If I quit before the results come back will it still be reported… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was fired for failing a drug test (marijuana) 2 weeks
I was fired for failing a drug test (marijuana) 2 weeks after I hurt my finger at work they did not to let me retest is that legal in Illinios … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
The formen at my job gave me a drug test. With an over the
The formen at my job gave me a drug test. With an over the counter test cup 4 panal coke meth thc and bardetiuals. It tested positive for three all but coke. Now keep in mind the formen that gave me t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My question is about drug testing. My prospective employer
My question is about drug testing. My prospective employer requires a urine drug test. I take only prescription drugs, but since some of them are psychiatric, I'm concerned that they may show up, and then revealing what meds I do take would effectively disqualify me from employment. Suggestions? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Will a failed pre employment drug test be reported by the
Will a failed pre employment drug test be reported by the employer to the Virginia Employment Commission? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
N another employee select his colleagues for a drug test.
n another employee select his colleagues for a drug test … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Do you have to have a drug alcohol policy and a handbook in
Do you have to have a drug alcohol policy and a handbook in order to drug test in the state of Pennsylvania … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
If accused and cleared as an RN in drug diversion, which was
if accused and cleared as an RN in drug diversion, which was completely unfounded and I belive the result of retaliation from a complaint on management....now that same management wants to continue th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I recently had to take random drug test it wasn't supposed
I recently had to take random drug test it wasn't supposed to be a DOT test but that's what they gave me. Is there anyway to change it or to keep it confidential? It came up positive … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
119 satisfied customers
My question is in regards to termination due to failed drug
Hello, my question is in regards ***** ***** due to failed drug tests. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can my employer require me to take a drug test if I have
Can my employer require me to take a drug test if I have been on a medical leave of absence when I return to work? They do random testing from a pool of 1500 employees … read more
Ray
Ray
Lawyer
Doctoral Degree
32,134 satisfied customers
I was pulled for a drug test after an accident at work it
I was pulled for a drug test after an accident at work it showed a false positive before it was sent to lab for further testing is management aloud to discuss any of those findings either way with oth… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Hours are required to take a drug test a random drug test
Hours are required to take a drug test a random drug test for a job that we don't have no ram and drugged his policy in our employment hand book … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can an employer conduct a drug test to only a portion of
Can an employer conduct a drug test to only a portion of their staff if they do not provide a safety risk without or provide prior notification to thod … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,208 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x