I want to sue my employer for my raise, and defamation of work ethics
I worked as contractor for Computer Sciences Corporation in year 2007. My performance evaluaitons ere always exceeded expectations with performance increase. I was dismissed in August 2007 and my immediate manager said 'the CIO was not please with my work". Well it was the CIO of the hospital that requested me on all the internal projects approved by her. She was very happy with my work ethics. I think my manager at that time wanted to get back at me because I was the person who took the Customer Service Ratings from 'poor' to 'very much improved' within a year. He was slated to be removed due to poor performance, and before he left he gave me a 'unsatisfactory rating' he knew with this I would not get a raise. When I went to our HR dept i was told he did not want to change the rating because the customer (meaning CIO) did not like my work. I know this is wrong and I can prove this. What is the statue of limitation for me to sue for my raise ?
1 answer | asked Dec 4, 2009 09:34 AM [EST] | applies to District of Columbia
Answers (1)
Defamation claims are often difficult to pursue because you have to prove that false statements of fact (as opposed to opinion) were made or published to third parties. Statements such as "I think John Smith is a terrible employee" or "Jane Doe has a terrible attitude" are likely to be viewed by courts as opinions which would not support a claim for defamation. On the other hand, "James Jones stole $100 from the cash register" is a factual statement that, if false, probably would support a claim of defamation.
Suing an employer for defamation is even more difficult because employers generally have a "qualified privilege" to criticize their employees. It is rare that we recommend filing a defamation claim against an employer.
Suing to an enforce a contract is easier, but you have to be able to prove that you had an entitlement to the raise you seek. If you think that you were entitled to it and that the employer could not change its mind, it may be worth pursuing further. But bonuses and raises are often considered discretionary, even if there is a pattern.
Good luck to you.
NOTE: This is general guidance and is not intended to be legal advice. We cannot give legal advice without knowing all of the relevant facts and your goals. Please do not rely on this advice without consulting legal counsel who can make an individualized analysis of your situation.
Stephen Chertkof
Heller, Huron, Chertkof, Lerner, Simon & Salzman
1730 M Street, NW #412
Washington, DC 20036
(202) 293-8090
www.EEOLawyers.com
posted by Stephen Chertkof | Dec 4, 2009 10:26 AM [EST]
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