Does an employee have a case of tortious interference, defamation or slander?
In this situation, an employer had a layoff of union and non-union employees. A company officer stated that one of the non-union, at-will employees he laid off "would never work at the company again." This information was diseminated throughout the organization.
For several years prior to the layoff, allegations of embezzlement were made against this employee by union members / officials, both on and off company property. Demands for the removal of this employee were made by the union personnel in contract negotiations, grievence hearings, company meetings and private meetings with the company officer. The charges were false.
The company officer also requested the employee be party to illegal acts in order to resolve a business issue. The employee refused to carry out the actions and instead offered legal options for resolution of the business issue. The legal alternatives were dismissed by the officer.
This appears to be Tortious Interference in Employment by both the company officer and the union.
This person believes their reputation and career have been harmed. It also appears the person may have a case for defamation and slander.
The company placed a temp in the vacant position shortly after the layoff and is poised to fill the position with a new hire.
The laid-off employee is considering legal action. Does this case appear to be strong enough to persue?
Answers (2)
You should find an employment lawyer near you to discuss your situation with in detail. You can select one near you at www.oelasmart.net/directory
posted by Bruce Elfvin | Aug 4, 2010 10:56 AM [EST]
Your description of the circumstances has all the elements of defamation:
1) statement published (spoken or written) to non-privileged third-party;
2) statement is false;
3) publisher knew (or should have known) that the statement was false;and
4) false statement caused damages to reputation.
Further, there might be a retaliation and hostile work environment case here.
Whether it is strong enough to pursue, I can not say. I would need more information. I will speak to this person briefly to see if I can guide him/her.
posted by Neil Rubin | Aug 4, 2010 10:40 AM [EST]
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