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Kim Courtney
Kim Courtney,
Category: Legal
Satisfied Customers: 4237
Experience:  Founder/Member at Food Business Association
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I had a co-worker who I did not know at all accuse me of stalking

Customer Question

I had a co-worker who I did not know at all accuse me of stalking her, following her home and then telling her Team Lead, Department Manager and HR that she was afraid of me.
I had NO idea who she even was, but was called down to HR to give 'my side of the story'. Was then called back in 3 days later and was told that the 'incident had been blown out of proportion and the accuser just wanted to 'move on'. I said fine and left. After thinking about the *situation* i feel as if I have been both slandered and libel, the libel coming in the form of all the written reports. I was not even offered an apology -just a 'was I okay with moving on?'. What can/should I do?
Submitted: 8 years ago.
Category: Legal
Expert:  Kim Courtney replied 8 years ago.
Hello, I am happy to assist you today.

If you are able to prove that you did not do those things - meaning you have proof that you were somewhere else - then you can probably bring a case against her. The key element is that what she said was false, and that it caused you some sort of financial harm. If this has hurt your reputation at work, and as a result you make less money, then that can be your damages.

If you have no damages, then you don't have a case against her.

I hope this helps,
Customer: replied 8 years ago.
What about emotional distress? What about slander? She made the accusations - isn't the burden of proof upon her, not me as to *prove* where I was/wasn't?
Expert:  Kim Courtney replied 8 years ago.
As I said above, the law is very specific about what you can sue for. You can only sue for slander if you can prove that what she said was false and that it caused you monetary harm. And yes, if you want to prove that she did this then you have to prove it is false, which means you have to show you were somewhere else.

Emotional distress does not exist on its own. First there must be monetary harm before you can claim emotional distress.