View Full Version : Slander
Lheffner
Oct 19, 2010, 07:12 AM
I worked at a restaurant for 9 years ( The last 4 years under new ownership) We seemed to get along very well until a few months ago when he decied to relocate and rumors that I wasn't going to the new location started to spread. Then about 2 months ago some cash went missing and un beknowns to me I was the only suspect. The owner never came up to me asked if I had taken it all he said was we were all going to undergo lie detectors test and I was fine with that because I know I didn't take anything, Well that never happened. So a month ago the restaurant relocated and I went with them and after 2 weeks of serving he came up to me at the end of my shift and said I have to let you go with no explanation.. I then applied for another job and started traning and one of my previous empolyers empolyees was doing some work at the new place I started at after a day or so he called the owner and asked why he hired me and did he know I got fired for stealing at the other place. So now I am without a job and you all know how tough it is these days.. My question is is this slander?? And what can I do about it?
excon
Oct 19, 2010, 07:50 AM
So now I am without a job and you all know how tough it is these days.. My question is is this slander??? And what can I do about it?Hello L:
It IS slander personified. You have the lie. You have the WITNESS to the lie, and you have damages. These are the elements of a good slander case. The problems you're going to have, is, are your damages BIG enough to afford you legal counsel and a law suit. I'll bet not. But, if your reputation in the entire restaurant industry in your town is now ruined, your damages are a lot bigger.
You need to hire a lawyer. You can't do ANYTHING by yourself. If you TRY, you might RUIN your case.
excon
joypulv
Oct 19, 2010, 11:41 AM
It is against federal labor laws to provide ANY information about why someone was fired, true or lies, except for dates worked and salary.
So you could try contacting the Dept of Labor or a free legal aid place for starters. The trouble is if everyone covers up what happened you may have no way to prove it. See if you can get an affidavit (a written statement) from someone who witnessed what was said.
ScottGem
Oct 20, 2010, 05:59 PM
It is against federal labor laws to provide ANY information about why someone was fired, true or lies, except for dates worked and salary.
So you could try contacting the Dept of Labor or a free legal aid place for starters. The trouble is if everyone covers up what happened you may have no way to prove it. See if you can get an affidavit (a written statement) from someone who witnessed what was said.
Please cite any federal law governing references. I don't know of any such law.
To Lheffner,
Employers are allowed to say whatever they want about former employers. But if what they say is false, defamatory or malicious, then they can be sued over it. However the truth is a defense against slander.
Also, in re reading your post it appears what was said was by a former fellow employee, not the former employer. And from your account you said he stated; "did he know I got fired for stealing at the other place." Now that could be the reason you were fired. That doesn't mean he said you were stealing, just that it was the reason you were fired. If that is the truth and it may be, then you have no case.
Fr_Chuck
Oct 20, 2010, 06:28 PM
It is against federal labor laws to provide ANY information about why someone was fired, true or lies, except for dates worked and salary.
So you could try contacting the Dept of Labor or a free legal aid place for starters. The trouble is if everyone covers up what happened you may have no way to prove it. See if you can get an affidavit (a written statement) from someone who witnessed what was said.
Poster has no idea of the law, and is giving poor and incorrect advice,
ballengerb1
Oct 20, 2010, 06:39 PM
I know of no such law and also think you did not read this carefully. It was neither of the employers who said she stole, it was a 3rd party fellow employee. That employee may be the slanderer but this has nothing to do with Federal Labor laws at all. It is gossip, slanderous gossip but gossip it is
AK lawyer
Oct 20, 2010, 06:58 PM
... and one of my previous empolyers empolyees was doing some work at the new place i started at after a day or so he called the owner and asked why he hired me and did he know I got fired for stealing at the other place. ...
Maybe you did get fired for stealing. We really don't know. But if the former co-worker had been told (presumably by your former employer) that you got fired for stealing, truth being a defense, you would not have a case against him. Did the former co-worker say who told him why you got fired?
The other person you might consider suing for slander would be your former employer. If you can prove that the former employer actually said this (perhaps by the testimony of the former co-worker), the question of whether you actually did steal (or whether the former employer had a reasonable belief that you did) would be something for the jury to decide.
It is against federal labor laws to provide ANY information about why someone was fired, true or lies, except for dates worked and salary. ....
As other posters have said, the existence of this rumored federal law is seriously doubtful. And even if it does exist, it would not apply to bar a former co-employee from reporting such information. It would only apply to the former employer.