I worked for the dept of mental heatlh and was wrongfully terminated fro neglect and put on a black ball list so I could not get a job as a result I suffer numerous of losses ike my car being repoed not to mention depression and embarrassment I disputed these charges and was proven innocent after almost of year of this and was called by a repersentive if I wanted my job back with back wages negelect of my record and same position can I sue them for deframation of charcter and the fianical losses and how do I?? :confused::confused:

Why don't you want your former position back with the retroactive pay? Why would you sue them if you could get your job back? Suing them for defamation of character could prove to be very costly for you attorney fee wise and there is no guarantee you'll win - or if you did win it would be months or years down the road before you would/could collect. It's up to you to prove the defamation. Did they do this in writing? That would be easier to bring a case but if it was all verbal then it would be much harder to prove.

You can try to sue them but you'll have to prove everything you're suing them for. I'd take my job back; if they're willing to rehire you with back pay, that says to everyone else you're innocent of what they initially accused you of.

Sounds like their offer is more than fair, If their evidence was believable at the time, but latter proved to be wrong, they may have had good reason to do it, but then found out there were wrong.

Also there is no "black list" there is a bad reference but no magic list.

Hi thank you for your advice very appreciated but I have lost a lot dealing with this job like my car being repoed I would have got another job had they not put me on black ball list which caused me not to gain employment so I coud not pay car payments and they also denied me unemployment and yes deframation of my charcter is hard to prove but for them to put me through this turmoil for almost a year now when they had plenty of evidence that I did nothing wrong and they only offered me my job back when I told them I was going to seek an attonery actually they contacted me on 12-5-08 and asked me if I wanted to come back to work only to resign so there would be no neglect charges on my record I told them no I was going to get a lawyer and wanted to proceed with the hearing set for the 12-18-08 then they called me on 12-10- 08 and said they wanted to offer me my job back but I really feel they should be resposible for me losing my car for black balling me from work and the assault on my charcter I was severely depressed given that they had documentation that the charges were not true documents which I also have copies of as well so my question is given all this does my case have merit

If you want us to give accurate advice, you need to include more details. You can't just say, "I didn't do it, they knew I didn't do it, and now they offered my job back."

What physical evidence do you have that clearly shows you were innocent to begin with? How do you feel you were blackballed? Do you have people who will testify that your previous employer actually stated that you were guilty of the charges you were accused of?

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Originally Posted by menna

hi thank you for your advice very appreciated but i have lost alot dealing with this job like my car being repoed i would have got another job had they not put me on black ball list which caused me not to gain employment so i coud not pay car payments and they also denied me unemployment and yes deframation of my charcter is hard to prove but for them to put me through this turmoil for almost a year now when they had plenty of evidence that i did nothing wrong and they only offered me my job back when i told them i was going to seek an attonery actually they contacted me on 12-5-08 and asked me if i wanted to come back to work only to resign so there would be no neglect charges on my record i told them no i was going to get a lawyer and wanted to proceed with the hearing set for the 12-18-08 then they called me on 12-10- 08 and said they wanted to offer me my job back but i really feel they should be resposible for me losing my car for black balling me from work and the assualt on my charcter i was severly depressed given that they had documentation that the charges were not true documents which i also have copies of as well so my question is given all this does my case have merit

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You may not have been able to find employment because, by your own admission, you were severely depressed.

Do what you threatened to do - get an Attorney and ask him/her for an opinion after all the evidence is reviewed.

You can sue them but it will entail monetary expenses like payment of lawyers fees and all. If I were you, I will take what they are giving but I will not go back to them. That is if I already have a job. What I fear is that they will do the same thing to you again. Well, that's just me.
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Dependable Employment Lawyers

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Originally Posted by SedLex

You can sue them but it will entail monetary expenses like payment of lawyers fees and all. If I were you, I will take what they are giving but I will not go back to them. That is if I already have a job. What I fear is that they will do the same thing to you again. Well, that's just me.
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Dependable Employment Lawyers

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You posted a site for Attorneys in California. Is the OP in California?