Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I work for the city and recently a co worker gathered

Customer Question
Hi, I work for...

Hi, I work for the city and recently a co worker gathered everyone around and told them that I was having an affair with another co worker and that I was getting special treatment. Do I have any recourse against my co worker or the city? Can the city fire her?

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

My boss is telling me that hr is doing an ‘investigation’ but they have not talked to me yet. I also documented the harassment I have put up with for the last two months from co worker.

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

We are not unionized.

Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
3/21/2018
Employment Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,791
Experience: More than 30 years in legal practice.
Verified
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.
WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 4 months ago
Is the allegation false? Did the co worker know it was a false statement when they made it?
Ask Your Own Employment Law Question
Customer reply replied 4 months ago
It’s true but it’s personal information. The coworker used to be my best friend who had an hr investigation going and when that didn’t go anywhere she blamed the man I was seeing and wanted ‘get back at him’. She also wanted to get back at me for not being friends with her anymore because her behavior at work had gotten so out of control. It’s messy. She had a speech prepared and gathered coworkers around. The only true thing in the speech was the information about the relationship.
Employment Lawyer: Loren, Lawyer replied 4 months ago
Thank you for the additional information.
If there was any untrue aspect to the factual statements then you may have a claim 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.aspxIt 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.
There is no additional charge to you for rating me favorably.
Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 4 months ago
Are you still online with me?
Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I am I’m just not sure what if that information I can use. Was she within her legal rights to do what she did? I’m hoping her past behavior coupled with this will be enough to get some disciplinary action for her but she has and is bullying me and creating a hostile work environment for not just me but the other co worker involved.
Employment Lawyer: Loren, Lawyer replied 4 months ago

Thank you for following up.

She was within her legal rights if the statements were true. If that is the case, there is no remedy that the courts could provide. You may have a complaint to pursue with the employer, but not with the courts.

If what she said was not factually true or accurate then you may have a claim if you can prove you were damaged. For example, if you were fired or demoted.

If that is the case, start by sending a cease and desist letter demanding a retraction. After that, if there is no positive response, you can weigh whether you want to take matters any further.

Sometimes, if there has been no traction given to the false statements. it is better to just let it die on its own rather than extend its life by initiating a lawsuit.

Does that clarify my answer for you?

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

Did you have further questions? Have I answered your question? Please let me know.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
I wasn’t so much concerned with the legal aspect as I was the HR side of it. Is she allowed to spread gossip, harass me, go around and talk about me to coworkers? Wouldn’t that be a fireable offense? She’s done this kind of thing to other coworkers and is allowed to continue to act in this manner.
Employment Lawyer: Loren, Lawyer replied 3 months ago

That would be a matter for the employer. If she violated policy then the HR dept would need to address that. It is not illegal, in and of itself to spread gossip.

Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 3 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,791
38,791 Satisfied Customers
Experience: More than 30 years in legal practice.

Loren 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 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

4,029 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I wanted to see if I even have a case to possibly present a
I wanted to see if I even have a case to possibly present a lawsuit against my employer … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,410 satisfied customers
What to do when a co worker is harassing and bulling me.I
What to do when a co worker is harassing and b bulling me.I have told the boss and supervisor but nothing is being done to correct this problem … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,410 satisfied customers
Sorry, I think you answered my last question with a
Sorry, I think you answered my last question with a question. I just need to know from the information I provided in the last few messages, do you feel that I have a case that is valid? I don't know a… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
Question, have been placed on admin leave with pay and
Question, have been placed on admin leave with pay and facing possible misconduct charges. City is saying no calls or talk will meet with me after investigation. Then I tell my side. They are followin… read more
Ray
Ray
Lawyer
Doctoral Degree
33,357 satisfied customers
A co-worker of mine came to me (stating she was put in a very
A co-worker of mine came to me (stating she was put in a very uncomfortable situation) complaining that our boss "..cornered me (her) in his office..." and proceeded to tell her that I was a "f*$>i… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
I was raped by a co-worker oustide of the workplace. At work,
I was raped by a co-worker oustide of the workplace. At work, he is responsible for my scheduling, etc. - meaning if I need a schedule change/adjustment I would need to go to him. I told my direct sup… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
Here is the situation I find myself in: So I just got terminated
Here is the situation I find myself in: So I just got terminated from work this past Friday after being on administrative leave for the past three weeks in which I was to be psychologically evaluated.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Im not sure if I have a case or not. I currently work for
I'm not sure if I have a case or not. I currently work for DynCorp International. I have a feeling that my boss is trying to get me fired or pressure me to quit. I also have instances (emails) where h… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Recently I report an issue where i felt threaten by a
Recently I report an issue where i felt threaten by a co-walk. She came to my desk while I was there began to go through my drawers without asking, slamming things, etc. It was almost like she was ang… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
I filed a grievance against a co-worker after numerous attempts
I filed a grievance against a co-worker after numerous attempts of having it dealt with through management. Not long after I filed it, my manager started accusing me of things that had nothing to do w… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I am gay and was at a bar after work with two colleagues having
I am gay and was at a bar after work with two colleagues having drinks. This setting had nothing to do with work. I invited my manager for a drinks and he invited another co-worker. We sateated to eac… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I am a manager and work for a local government - union shop.
I am a manager and work for a local government - union shop. For 7 years one of my employees has directly and indirectly accused me of discrimination. (phrases he uses: favortism, disparate treatment,… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
I work in Human Resources and have a co-worker (also in HR,
I work in Human Resources and have a co-worker (also in HR, male) who for the last 2 1/2 years has acted irrationally and, has made crazy allegations -- among other things, has accused my boss (Direct… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have a growing negative situation at my workplace. I work
I have a growing negative situation at my workplace. I work for a non profit labor organization representing about 6000 pilots for a major domestic airline. About a year ago, one of the elected offici… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
Hi! I made a formal complaint x2 against my co-worker who made
Hi! I made a formal complaint x2 against my co-worker who made racial discriminatory remarks about my culture that initially happened last year and now this year in April. My manager did not report it… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
4 yrs ago, our Counseling Center was given a CSEA secretary
4 yrs ago, our Counseling Center was given a CSEA secretary for our office. This woman is a horrible person making our office a hostile place-which goes against everything we do! It's supposed to be w… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I was recently fired from my job for allegedly making threatening
I was recently fired from my job for allegedly making threatening statements outside of work. The accusation was made by a small clique of co-workers who did so due to a personal grudge, and have been… read more
Employment Lawyer
Employment Lawyer
Attorney
Doctoral Degree
311 satisfied customers
I was recently sexually harassed by one of my co-workers, he
I was recently sexually harassed by one of my co-workers, he was fired, but ever since he was fired, I am getting treated differently by my female co-workers, they are not talking to me, they give me … read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 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