I've got a challenging one for you all. I was wrongfully implicated back in February by my boss for computer hacking. This after I threatened to report her to the Governor if she minimized my security findings (our network had been invaded by an internet worm which she was responsible for protecting it against). Anyway, I was suspended with pay, but managers released "vague" information to the press that an employee was suspended. I was investigated by the FBI and State Attorney General, and found to have committed no wrongdoing. I was reinstated at work. But the senior manager (my boss's boss) still wanted to put something negative in my personnel folder. I was allowed to do research to disprove his position, and he has closed the internal investigation. Now my former boss continues to tell co-workers in the same building that I'm hacking into computers.

I REALLY NEED A GOOD LAWYER HERE... Someone who can help me on a contingency basis, but there is LOTS of documentation supporting my position, and many witnesses to the slander of the manager.

NH is a small state, and all the lawyers know each other, so they are very conservative to be aggressively helping someone.

Any ideas???

Questions about why you would report anything to the governor or why the FBI would care about you doing something to your employer's computers aside, your employer is permitted to include information about an investigation in your file. It was proper to allow you to submit a rebuttal nad tell your side but just because you were found not guilty, doesn't mean they need to remove any mention of it.

Whether your boss mentioning you hacking to others constitutes slander is a gray area. If your boss honestly believes you are doing so, then it isn't slander, regardless of what a previous investigation showed. If that person is saying that you were found guilty by the FBI in the earlier incident, and you suffer some damages as a result, then you have something closer to a case.

Somehow I can't help but question that all the lawyers i nthe entire state are in cahoots with one another and won't pursue a matter against another's client if there is good cause t do so. For one, if that were true, the judges would be mighty bored since no one would be filing suits at all. Secondly, most prosecutors only get paid if they win. Or at least that is how they earn much of their pay. If they don't take cases, they don't get paid. I suggest contacting a few for a consult, and bringing your documentation with you. If after several consults you are told that you don't have a case, or you can't find anyone willing to take the case, that should tell you something about its strength. From here it is hard to say with just a few details.

Yes the details are scanty in the post. My apologies. I also understand your thought about the lawyers not taking a case. Truth is, I've only consulted with one. In Concord there is only one firm specializing in employment law. There are only two others listed in the entire state. The Chief Information Officer of NH was a practicing attorney in the state for years, and knows them all on a personal basis. The FBI was called in to investigate by the state because the security breach involved a credit card server.

Anyway, more pertinent to the slander is the fact that the manager spreading the lies is the same manager who actively, falsely implicated me to the FBI and State. Essentially, she lied about her knowledge and involvement in the security activities she supervised me for, which there is written documentation about, and she urged the CIO to proceed with an investigation in bad faith, knowing her involvement. All of this is documented and in my posission in emails, powerpoint presentations and the like. It is only for that reason that the CIO had to reinstate me. So it is the element of bad faith that is the issue, right?

Just as an FYI, the rules of this post prohibit the referrals of specific attorneys, and reputable attorneys do not troll message boards looking for clients.

Just in case you had any ideas that we could help you find representation. :)

HonestGeek,

Reading your post suggests to me that you are employed by the State. If so, any chance you are a bargaining unit member?

Yes... I just got elected to the Master Bargaining Team for the Collective Bargaining Agreement. This is a good civil approach to correcting an injustice by involvement in influencing the policy-making, however, it does little to rectify my personal situation, which has already cost me 15K...

I'm not looking for a referral for representation... I'm trying to educate myself as to what questions I might have to answer to consider action for things like:

abuse of process (false implication to FBI and AG for investigation and suspension from employment)

defamation (recent statements from former supervisor to my coworkers that I was still hacking into computers)

libel (possible email or document summaries)

slander (see defamation above)

negligent infliction of emotional distress (lack of appropriate timely announcement of vindication in returning me to work)

interference with employment (intentional limitation of my previous priviledges at work and monitoring performance for no cause... noticed even by my new supervisor)

The cause of action you reference are certainly material, however each will be very difficult to prove and each poses costly litigation.

You may first want to file a grievance citing these matters, which may allow you some free discovery.

Agree that the first doesn't exist and the others don't really seem to apply to your case. Granted we only have a small part of the story and only one side, but nothing you posted really indicates that your employer completely fabricated stories and shared them publicly to your detriment. For one, the FBI takes a very dim view of investigating total falsehoods. That doesn't mean you might be found not guilty. Plenty of investigations end that way. But ifthey just for kicks made up a story to send the FBI on a wild goose chase, chances are they would be in some serious hot water. Assuming the FBI even bothered to investigate. Since they do this for a living, they are fairly good at spotting totally bogus charges.

Intentional Infliction of Emotional Distress has a very high standard. Not notifying others that you were cleared upon your return in the timefame or by the method you would prefer does not even come close.

Interference with employment is not a tort. Particularly not from what you describe. Watching you more closely and limiting certain privledges is not illegal, unless it is based on a legally protected characteristic. Sharing security findings wth the Governor and being investigated for wrongdoing do are not protected activities.