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I was fired from my job. And I've been labeled as hating a…

Customer Question
I was fired from...

I was fired from my job. And I've been labeled as hating a customer because of President Trump, which couldn't be further than the truth. Channel 7 help me Howard, did an investigation that was neither thorough or true and I came out on the other end without a job

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

Florida

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

Full-time with union representation. I've been out of work since Nov 6, 2017. Losing faith in union.

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

I service over 500 customers, I know for a fact that this customer was not my only President Trump supporter, I have other customers with his bumper sticker on their vehicles and signs in there yards. I never cared, because I had a job to do because my bills are still coming doesn't matter who's the President

Submitted: 6 months ago.Category: Employment Law
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1/5/2018
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,366
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.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 6 months ago
Do I have a slander defamation case against that customer. And help me Howard their investigation was so off, that I'm questioning other stories they've aired. Can I get a public apology from that customer and help me Howard. Even when policemen are fired for what is considered misconduct they are let go with administrative pay. Me a 57 year old single mother of 4 and grandmother of 5 was fired without pay, a three weeks before Thanksgiving . If I can get monetary award I would appreciate it. Please advise
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks for your patience on this. I was on the phone. Nonetheless, this to me sounds like a case of defamation is what the customer said was untrue and it lead to your job loss. 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.

I don't believe that any of these things actually apply in your case based on what you describe. I don't know much about the help howard thing because I do not live in your city, but against the person who made this claim, the answer to your question is probably yes.

What other questions did you have for me today?

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Customer reply replied 6 months ago
The customer stated on channel 7 news help me Howard on Nov 8, 2017 called POSTAL PROTEST. That I refuse to deliver his mail because he's a President Trump supporter . When the real reason is that he moved his mailbox from the side of tbe road to the front of his house without permission. I was told by management to hold the mail. The customer stated he never had a mailbox on the side of the road. When he did. When I first started delivering his mail he was a P.O. BOX customer which meant he went to the post office to pick up his mail. Then he put a curbline mailbox up, them he removed it and put one up near the garage but channel 7 said he never had a mailbox up they even went back to 2008.
And the sad thing is I don't deliver the mail 365 days a year , I go on vacation and have days off. If management the union and channel 7 had interviewed the carriers that cover in my absence, I could have been back to work. And there's this RED BOOK that states what every customer mode of delivery.
.
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see what you mean. Ok, thank you for clarifying. I'm sorry to hear about that. If that is the case, then you may have a case for defamation against both the news station and this individual if they have no legitimate reason to believe that this is the case and you lost your job as a result. I'm very sorry about that. You may need to speak with a personal injury attorney about this matter to discuss in more detail.

You may want to consider just writing a formal demand letter to the news station and the person to whom you were delivering mail to issue an apology or pay damages. 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.

I'm very sorry. What other questions did you have for me regarding this?

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