defamation/wrongful termination
I was terminated suddenly after 6 weeks of work. I wanted a reason, and I was told they would not discuss it with me. I never had any discipliary action or warnings. Management met me in my office one day and told me to take my belongings and leave. They refused to answer questions. I later found out from a current employee that a email was circulating accusing me of losing sensative documents that were found later the day of my termination. I have strong evidence that those documents were never in my possession. I beleive they purposefully defamed me to the entire company by circulating that email and terminated me unjustly based on that accusation. Is this worth persuing?
Thank you
Answers (2)
Claiming defamation is the equivalent of standing up in a busy courtroom and yelling "MY FLY IS UNZIPPED." Unless the defamation is egregious (criminal conduct, dread disease, etc.) it is generally very difficult to recover from such claims.
More importantly, Pennsylvania is an 'at will' state in which an employee can be terminated for a good reason, bad reason, or no reason at all. An employer can terminate whom it believes is stealing even if the employer subsequently learns that the terminated employee had nothing to do with the theft. (Which is darn close to your case).
In short, you should recover unemployment compensation benefits if you are otherwise entitled (the prior employer cannot tie you to that for which you were terminated), but otherwise, your efforts are better spent finding a more enlightened employer.
Harold
posted by Harold Goldner | Aug 19, 2008 10:27 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, you will need a copy of the email to prove defamation. Generally, in Pennsylvania you are employed 'at will' - that is, you can be fired at any time for any reason or no reason. If an email was circulated accusing you of losing sensitive documents, you might have a claim for defamation; to file a complaint, however, you would need to know the exact wording of the email. If the email knowingly or recklessly stated that you engaged in conduct, and impugned your business reputation, and you can prove that others read the email and believed it, then you may have a claim for defamation.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Aug 19, 2008 10:20 AM [EST]
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