slander
This question is in regards to my father. He worked for an IT consulting company that assigned him to a large company where he worked for a couple of years. Last week they told him that a cleaning lady came into the restroom and told him to leave, and that he was being fired. My father never used the restrooms when a cleaning lade was in it or was going in. Eventually we found out that someone else that looked like him had made a sexual comment to the cleaning lady. Someone was going to the restroom and the cleaning lady came in asking the employee to leave. Then the remark was made, "Don't worry it's not a snake it won't bite." This person looks like my father from behind and has red hair like my father. His consulting oompany was protecting him, but today he found out they were letting him go because they didn't want this to deal with. All of the remaining employees stuck up for him and there were meetings about the situation that didn't amount to anything. Several supervisors are offering him references for a new job, but he was falsly accused of this. Is this something worth pursuing?
1 answer | asked Jan 11, 2007 8:00 PM [EST] | applies to Pennsylvania
Answers (1)
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, your father may have a defamation claim based on the employer's knowledge that the accusation was false. By terminating him knowing the allegations were false, the employer is arguably publishing the claim that he engaged in the alleged behavior. Depending on what is said to others, he may have a claim. The damages question is trickier; the damages must flow from the defamation. If the defamation occurs DUE to the firing, the firing may not enter into the damages equation. If he is not hired by other employers who have heard the story, he would have damages to allege.
If the cleaning lady accused him, but didn't know she was wrong in her identification of him, there is likely no claim against her.
There is likely no claim for wrongful discharge, either; such claims are very limited in Pennsylvania, and this does not appear to be sufficient (although it is wrong).
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
posted by Christopher Ezold | Jan 23, 2007 2:24 PM [EST]
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