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A former employee submitted a text message to HR that was…

A former employee submitted...

A former employee submitted a text message to HR that was edited to make me look bad and now I've been written up and received a terrible review, which lend to no bonus or stock options. They are setting me up to be fired. Can I go after the woman that made these false claims?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

NO....starting the process now.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

That was a summary of what happened so no, thank you

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3/20/2018
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,843
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.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Did the former employee make a false statement of fact, knowing it was not true?

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Customer reply replied 4 months ago
she edited the text message chain that she submitted to "get me in trouble".
She is a very vindictive person. She didn't file a lawsuit or anything else with the company.

Thank you for the additional information.

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, 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 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

It is a huge worldwide database of attorneys searchable by location and specialty.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 4 months ago
Please cancel my phone request. I have the answers I need. Please refund me the $59,00. Thank you

I have not accepted a phone request.

So, your account should not be charged.

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,843
Experience: More than 30 years in legal practice.
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Loren
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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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