Reader Comments: Defamation by Conduct

Here’s some information that was sent to me by a reader. I’ve concealed the identities of those involved, but this is still a powerful example of how a person can have their reputation destroyed by colleagues and managers. It’s also an example of how defamation/slander, etc. can cost a person their job!

The Reader wrote...

Employers either don’t realize, don’t care, or don’t see it as a serious of issue, but slander, libel and defamation of character are illegal and the employer can be penalized. Here's what happened to me:

Coworker X knew the accusations she made against me were lies, yet she repeated them to Coworker Y, Coworker Z, and Manager A; Manager A then “confirmed” Coworker X’s statements through Coworker Y and Coworker Z, who admitted to Manager A that they were only repeating what they had heard from Coworker X. Neither Manager A nor HR had proof of the accusations, they didn’t make an attempt to find the truth, and based on HR’s comments, HR only judged me guilty because one person made the accusations but the accusations were “confirmed” by “many/several” people. Manager A judged me guilty because according to her “many/several people said the exact same thing and they couldn’t all be wrong.” Uh yeah, and she’s actually a member of management. Go figure.

Coworker X knew she was making false statements against me therefore, her actions were defamatory; Manager A/the company’s actions may show defamation by conduct as their actions showed a “reckless disregard for the truth.”

I was suspended based on these lies! The stipulations in a Final Written Notice I received was that if any employee construed or perceived me to have violated the terms of the suspension or the Final Written Notice, it was grounds for my immediate termination. Well, how and why would any employee be privy to the terms of my disciplinary action? Did Manager A tell staff that if I rolled my eyes to come tell her? Or if they heard me talking about her (as was reported by Coworker X on March 8) or if I didn’t greet them or gesticulated excessively, to inform her? Obviously, the way that Manager A drafted my Final Written Notice which was approved by HR, and the language used regarding grounds for immediate termination implies that staff were privy to information that was not their business and may prove that Manager A/my employer informed my coworkers of my disciplinary action although my coworkers didn’t have a legitimate right to know. This is illegal and grounds for a lawsuit.

If an employee knowingly makes and then spreads false statements about a person/people in the workplace, and the statements negatively impact this person/people, i.e., staff no longer associate with them, advancement/job opportunities are lost, the employer can be accused of defamation by conduct.

Manager A and my employer are guilty of defamation by conduct by “publishing” the Final Written Notice included in my personnel file. The Final Written Notice automatically prevents me from being rehired at my employer because the accusations against me violate their code of ethics. But the accusations aren’t true and that should prove detrimental to my employer’s argument that they did “everything by the book” regarding the actions they took against me.

I was subjected to a reduction in force action/laid off due to my job being designated as no longer necessary. But, I was told that I could reapply for a job at the same company. I pointed out to HR that the language of the Final Written Notice was slanderous and extremely harsh and that my chances of being rehired at my employer were null. She said the Final Written Notice would not be removed – well that was fine with me since it proves my defamation claim. My employer’s conduct in relation to their “investigation” and the Final Written Notice is questionable because the “evidence” they used to judge me guilty were the statements made by Coworker X and confirmed by Coworker Y and Coworker Z – but Coworker Y and Coworker Z admitted to HR and Manager A that they were only repeating what they heard from Coworker X.

Something that may prove detrimental to my employer – Manager A informed some staff that some of us were being laid off (and she named us) before notifying the laid-off coworkers. And, she informed them that we were being let go but new staff were being hired. So how did she justify letting us go?

And, when I called the Director of Labor, Employee Relations and Compliance and informed him of: Coworker X’s actions; another baseless accusation being made against me in an effort to defame my character; and that I continue to question the motivations of Coworker X and Manager A (and I used this exact language), he had the opportunity to investigate the situation right then and there. But he did absolutely nothing. My phone call put him on notice that I was being slandered and maligned yet again, and he did nothing. I am pursuing action in this matter!

What happened to me may also serve as defamation by conduct and courts are starting to take this very seriously. Here are some links that may be helpful:

http://library.findlaw.com/1999/Sep/1/127684.html

http://www.uslaw.com/library/article/carel8DefamatoryAction.html?area_id=43

Thanks, reader, for sharing your horror story!

DO YOU HAVE ANY EXAMPLES OF WORKPLACE DEFAMATION, ETC. THAT YOU’D LIKE TO SHARE? POST A COMMENT OR SEND AN EMAIL TO BLACKONTHEJOB@YAHOO.COM!