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  • Slander by President to get out of contract illinios Illinois Illinois

    I received a letter lately from my boss, the company owner alleging:
    1. My subordinate tried to quit because he can not work with me
    2. I instructed my subordinate to not discuss an error in an order that cost the company xx dollars
    3. I instructed my subordinate to cover for me while I was out of the office.

    So the letter claims I was unethical and irresponsible.

    The claims are all false, but he is not willing to remove the letter. I have an employment contract that stipulates a penalty if I am fired without cause. I think that is the reason for the slander.

    Anyone has some advice or help? Thanks so much!

    Edit: this is libel due to the written nature.
    Last edited by favgames; 09-23-2012, 03:02 AM.

  • #2
    Originally posted by favgames View Post
    I received a letter lately from my boss, the company owner alleging:
    1. My subordinate tried to quit because he can not work with me
    2. I instructed my subordinate to not discuss an error in an order that cost the company xx dollars
    3. I instructed my subordinate to cover for me while I was out of the office.

    So the letter claims I was unethical and irresponsible.

    The claims are all false, but he is not willing to remove the letter. I have an employment contract that stipulates a penalty if I am fired without cause. I think that is the reason for the slander.

    Anyone has some advice or help? Thanks so much!

    Edit: this is libel due to the written nature.



    Without seeing the material or the contract it's virtually impossible to hazard a guess.

    Please feel free to contact a local employment law attorney at your soonest convenience.

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    • #3
      It is neither libel, nor slander, nor any form of defamation, because it has not been published or transmitted to a third party.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        Originally posted by cbg View Post
        It is neither libel, norSince three slander, nor any form of defamation, because it has not been published or transmitted to a third party.

        Since the letter was filled with hr, then it has been communicated with a third party according to il laws? Does that fulfill the "publication" requirement?

        Comment


        • #5
          Agreed with the whole you "need to talk to an attorney" thing. Defamation laws (libel, slander and such) in this country are very difficult, especially in an employment law context. And are much more complicated then can be handled on a free employment law website. You can start with the following article but based on what you have said your chances are pretty much nothing.
          http://en.wikipedia.org/wiki/Defamation

          The key to defamation is that several things must be true.
          - You must prove that the statement is false. The person making the statement does not need to prove that the statement is true. Not in this country.
          - You need to prove that not only was the statement false, but that the person making the false statement did with so deliberate intent to injure. The traditional defense to this part of the claim is called "absent of malice" (there is a movie of the same name which does a good job of discussing this). If your subordinate really made those statements then the employer is pretty much legally immune from you suing them. Employers are not courts of law. They are not legally required to determine the correctness of a charge before acting on it. Unless you have video of your evil employer plotting to lie about while laughing manically, you have no case.
          - Lastly, even if you can manage to prove the first two points (very unlikely), you still have a damages problem. You have to be able to prove actual damages, and that is difficult in an employment law context.

          If you are really serious about, TALK TO A LOCAL LAWYER. Bring all paper including the employment contract. You IMO really want to focus on the contract law issues and not the so-called defamation issues. I will not call your contract law chances great, but at least one does not a magnifing glass to find them (as you do with your defamation issues). And that is why you need an contract law attorney who has actually read your contract involved.
          Last edited by DAW; 09-23-2012, 06:32 AM.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            Originally posted by favgames View Post
            Since the letter was filled with hr, then it has been communicated with a third party according to il laws? Does that fulfill the "publication" requirement?
            No. HR is a "party in interest" to any such documentation.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Agree - talk to an attorney.

              Defamation in the workplace -

              http://employeeissues.com/defamation.htm
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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