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defamation of character? California

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  • defamation of character? California

    I was not sure if this would fall under the right heading but I'll try to explain the scenario as best as I can. Person A requested to be transferred to a different division under their company. Person B, person A's boss, basically denied the request. However, HR got involved and Person A was basically told that he needed to let her move to the other section. During the week or so that this was going on, person A was told not to disclose any reasons to anyone as to why they were transferring. essentially, person A just needed to say "better opportunity elsewhere", which that person did. So the week goes by, and person A receive a few phone calls, along with a couple of emails (to an outside email account) asking why they were fired? The people also mentioned that, THAT was the information they were receiving from person B. That person A was fired and the work was completely screwed up all the time. The new position of person A ALSO heard this information and actually was weary about taking person A on board until higher ups backed person A up.

    Now my question, is this in any way shape or form legal?! I cannot believe that someone can go around basically hindering another person's character and work ethic. Can this be fought? I would assume that person A would potentially lose their job if they fought it. Just want to hear some thoughts on this...

  • #2
    Doesn't sound to me like defamation or slander. Sounds to me like a misunderstanding.

    Since you don't indicate that Person A lost their job or suffered any damages (except perhaps hurt feelings) due to this, there is no action to be taken.
    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.

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    • #3
      I suggest Person A inform his HR representative about what person B is alleged to have said. Keep in mind that everything Person A has heard is second, third, or fourth-hand. Beyond that, I don't see anything else person A can do. He hasn't suffered any damages.

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      • #4
        Originally posted by cbg View Post
        Doesn't sound to me like defamation or slander. Sounds to me like a misunderstanding.

        Since you don't indicate that Person A lost their job or suffered any damages (except perhaps hurt feelings) due to this, there is no action to be taken.

        Hmm...misunderstanding on who's part? The current "ex-employer" knows that they were being transferred. Person B (the current "ex-employer") is actually going around saying that they had to fire Person A because Person A kept screwing up. However this is not true. Person A actually requested the transfer and willingly left the place.

        I can understand that it may just be hurt feelings. I just wanted to clarify it a bit more.

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        • #5
          Originally posted by Beth3 View Post
          I suggest Person A inform his HR representative about what person B is alleged to have said. Keep in mind that everything Person A has heard is second, third, or fourth-hand. Beyond that, I don't see anything else person A can do. He hasn't suffered any damages.
          Yea that is the route Person A is taking. They are going to HR and seeing if they can file a formal complaint against Person B. At the very least to have it documented.

          And you are correct, the information is second, third, and/or fourth hand. The weird part is, the people telling Person A about this are people that both Person A and Person B talk to. Mainly because Person A was their previous employer and now Person B is the employer again until they find someone new. So Person B is actually telling all the employees that Person A was fired and screwed everything up. I find it odd honestly...

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          • #6
            I find it odd too. What your friend is hearing could be accurate or it also could be terribly exaggerated as it makes it's way through the grapevine. Your friend should report it to HR and then let them handle it. That's all he can do.

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            • #7
              Originally posted by Beth3 View Post
              I find it odd too. What your friend is hearing could be accurate or it also could be terribly exaggerated as it makes it's way through the grapevine. Your friend should report it to HR and then let them handle it. That's all he can do.
              Ok. That's what they are going to be doing. Hopefully it doesn't jeopardize their job but I informed them to be prepared for something to that extent just in case.

              Comment

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