Defamation by Employer Tennessee

[monavizsla]

A friend of mine has a problem and I was wondering if he has a case. His boss's boss told his boss that he saw my friend intoxicated at a function and instructed his boss to repremand him. The function, however, was a ballgame and had nothing to do with work. Moreover, he had not been drinking and was accompanied by his wife and niece who can back him up. Can he do anything about this situation if his boss's boss doesn't admit to making a mistake?

[cbg]

What damages has your friend suffered as a result of this? Has he been fired? Suspended?

[monavizsla]

Nothing has happened to him yet, other than to be repremanded. He met with his boss's boss yesterday, who quickly backpeddled about the accusation.

[cbg]

Then there's really nothing for him to do. This doesn't really fit the legal definition of defamation, and since he's suffered no damages and since the guy has backed off, he'd probably only be hurting himself if he tried to keep the situation alive to "defend himself". He's really better off at this point letting it drop.

[The Masked Poster]

Well, this is a couple of weeks old, so my response may be moot now. But, FYI, TN does have a law on the books prohibiting an er from doing anything to an ee based on their lawful use of a legal substance away from work. The law does not specifically mention tobacco, but it assumed that is what it was aimed at. Given my recollection of the vague wording in the law, it could encompass alcohol use as well. Of course, that law would not protect against public intoxication...if that is what the boss thought he saw...since that is not legal use.

In any case, if your friend has not been disciplined in any way other than a verbal reprimand, I question the wisdom of your friend pursuing this any further, and agree with cbg that your friend's best recourse may be to let this be the proverbial water under the bridge.