View Full Version : Can I be sued or Can I sue in this situation?
LindseyT924
Jun 27, 2007, 08:39 AM
Recently I've come to find out that a coworker of mine (whom I've never really gotten along with 100%) said some slanderous things about me in front of a large group of my coworkers when I was not in the office. He basically said I should have more responsibility and that "she doesn't get paid to talk on the phone, having personal phone calls etc.) His statements are 100% UN-true. If I am taking a personal phone call it is during my lunch hour, which I may still be in the office but still technically on my break. SO I decided to file a complaint against him to my boss (We don't have an HR dept). My boss wrote a formal email to him stating so. And in retaliation, he searches through old emails from 2 months ago, to find an email I had written him. (Mind you this person is very ignorant and incompetent) I know this is beside the point but anyway, Just to put in quotes, and I know I was 100% wrong in doing this. I was very stressed at the time, and he had asked me the same question about 3 times. I basically asked him if he was retarded, however this was written. And what he did to me was out loud in front of people. He forwarded this email to my boss and I, and threatened me to speak to his sister who is an attorney and will be advised on what action to take. I'm sure he is just saying this to scare me, but I'd still like to know the facts about these types of cases. Is he more wrong or am I?
ballengerb1
Jun 27, 2007, 11:26 AM
When you get into a wee wee match with a skunk you both will regret it. Sounds like you started this one by asking him a very insulting and demeaning question. He's ticked and trying to get even. Don't worry about the lawyer threat but watch how you speak to people who irritate you.
ScottGem
Jun 27, 2007, 11:41 AM
First thing I would do is save the full correspondence. Make sure it shows how you had to keep explaining the answer to the question.
I don't think he has a case against you for 2 reasons. First you didn't publicly insult him, it was in an e-mail just between the two of you. Second, he suffered no damage as a result. Third, you didn't actual refer to him as mentally impaired.
His attack on you, however, meets 2 of those three points. He publicly disparaged you and specifically accused you of wrong doing. However, the third point is key. You really haven't suffered any damages from it.
So what do you do in this situation? I would sit down with the boss and apologize to the boss for causing this by getting frustrated at him. Ask the boss's help in interceding to cool the tempers on both sides and just drop the issue. Tell him you will be more careful in the future when dealing with co-workers. Hopefully, he will then go back to the guy and tell him the incident is ended and he doesn't expect there to be anything further about it.
LindseyT924
Jun 27, 2007, 01:09 PM
Thank you for your help! I'm not sure if I'm allowed to respond on the board if I'm the one that initially wrote the question, I do believe I suffered damages though as he outright made a false statement about me in front of employees, including someone who started a week ago (he was the one who told me) I'm a 23 yr old female and this guy is 35 yr old male who I am dealing with!
I think my boss had a talk with him though. Thanks again!
ScottGem
Jun 27, 2007, 04:31 PM
Sorry I didn't make it clear, obviously you were damaged, but were the damages quanitifiable? For either of you to win a suit for slander or libel, you have to show you were materially damaged by it.
s_cianci
Jul 1, 2007, 08:25 PM
Of course, based on just your side of the story, he is in the wrong, However, as far as a lawsuit, you really don't have grounds for one unless you can demonstrate that you suffered adverse affects as a result, such as a lost job or lost wages (e.g. denied a promotion) because of this coworker's remarks.