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What happens if you are accused of inapproate context in…

Customer Question
What happens if you...

What happens if you are accused of inapproate context in workplace

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

No they wont talk about it

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

Part time

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

I wasn't hired because of being accused of this by a full time worker and I wasn't even working

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
1/3/2018
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
I need to know how to fight this
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Understood. Slow typist. Just one moment...

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. So,

This to me sounds like a case of defamation if you were not hired strictly because of false accusations against you. 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 this case, I do not see any of those privileges applying to this situation as these comments are not protected.

I don't believe that your local labor laws would be of much assistance here unless you can prove there was some level of discrimination through these comments. This means you may only have a private right of action.

You may want to consider just writing a formal demand letter to the other party advising them of your rights under the law. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me regarding this?

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, I just wanted to check to see if you had a chance to review my answer to your questiona nd if you had any follow up questions?

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Customer reply replied 7 months ago
I didnt give you enounh info
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok, what additional information did you have for me so I can help you better?

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Customer reply replied 7 months ago
I don't have enough info right now
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I understand. Did you want to come back when you have more info?

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