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My boss assumes every statement made against me is truthful…

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Second opinion] My boss assumes...
Second opinion] My boss assumes every statement made against me is truthful without any investigation or real proof. How can I defend myself from terminatipn based on another's false statementsJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: KYJA: Is the employment agreement "at will," union, full time or part time?Customer: At will commonwealthJA: Anything else you want the lawyer to know before I connect you?Customer: I'll explain the rest after I'm connected
Submitted: 7 months ago.Category: Employment Law
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12/12/2017
Employment Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,849
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

You may have a claim to assert for defamation. Actually, you would start with a cease and desist letter to anyone making these false accusations.

If this does not get a retraction from the other employee, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence (the person knew the statements were false or exhibited a knowing and reckless disregard of the truth or falsity of the statements when making them); and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in court for this matter. Also, any cease and desist letter will carry more impact on attorney letterhead.

If you want to send your own cease adn desist letter, here is a link to a template you can modify for your own situation:

CEASE AND DESIST

If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

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Employment Lawyer: Loren, Lawyer replied 7 months ago

Did you have further questions? Have I answered your question?

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Employment Lawyer: Loren, Lawyer replied 7 months ago

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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.

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