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I think I may be sued, Pennsylvania

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  • I think I may be sued, Pennsylvania

    My company was sold and many staff researched the new employeer along with the new management. The new management started to fire staff and cause them to resign. We decided to start to organize for a union for some protection and was instructed to get more information on management for negotiations. I was asked to be the contact person for the union movement. It was my responsibility to advise others of the status of organizing. Many people performed research. I found a link on one of the management peoples prior work place forum board that pointed me to porn videos through small pictures. In my opinion, one of the pictures resembled a management staff. I did not down load the video as that is not my thing. We discussed this the next day while on break and I had stated that there was some resembelance but that I had doubted it was for real. Word of the video got back to the manager and I was terminated for wilful misconduct. I applied for UB benifits and was denied and went to a hearing and am still waiting for a judgement. I feel that i was fired due to my union involvement but can not prove it. Can the manager in question sue me for slander as they only heard one side and did not hear that It was my opinoion and in fact was false?

  • #2
    My company was sold and many staff researched the new employeer along with the new management. The new management started to fire staff and cause them to resign. We decided to start to organize for a union for some protection and was instructed to get more information on management for negotiations. I was asked to be the contact person for the union movement. It was my responsibility to advise others of the status of organizing. Many people performed research. I found a link on one of the management peoples prior work place forum board that pointed me to porn videos through small pictures. In my opinion, one of the pictures resembled a management staff. I did not down load the video as that is not my thing. We discussed this the next day while on break and I had stated that there was some resembelance but that I had doubted it was for real. Word of the video got back to the manager and I was terminated for wilful misconduct. I applied for UB benifits and was denied and went to a hearing and am still waiting for a judgement. I feel that i was fired due to my union involvement but can not prove it. Can the manager in question sue me for slander as they only heard one side and did not hear that It was my opinoion and in fact was false?
    Didn't moburkes already answer this?

    http://www.LaborLawTalk.com/showthread.php?t=179607

    My workplace was in the process of union organizing and I was the contact person for the movement. I sent e-mails to those involved keeping them up to date on how it was going. We were under new management that was ruining the place with terminations and forcing staff to resign. Alot of the staff was doing research into the backround character of the new management for the purpose of understanding their character for negotiations. I ran across a forum board where one manager had worked in the past, that had a picture one inch square with a link to a porn video. In my opinion the person in the picture looked alot like one management person but I was not totally sure. We, the ones researching, discussed this picture as I did not upload the video. Two days later it was found that this was not the management person in the picture and was stated to staff involved as such. Well, word got back to that management person and I was fired for wilful misconduct and am now fighting for UC benifits. I have the feeling that this management person may sue me for slander. Seeing that I admitted to those involved with me that the picture was false, and or course this fact was never reported to the manager, can I be sued by this person.
    You were not fired for your involvement with a union. You were fired because you couldn't keep your mouth shut. THEN it turns out you were wrong (2 days later). You don't get to change your story to get the answer you want.

    Yes you can be sued, no matter which version of the story you put forth. Stop gossiping and telling little "exciting" tales, especially when you can't back up your statements.
    Last edited by mommyof4; 09-25-2007, 05:29 AM.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      First, yes, you can be sued.

      Second, yes, you can be fired for telling people that your manager is in a porn video. I am utterly surprised I even have to type that.

      Third, gotta throw the BS flag on the whole "I didn't download the porn video but I could tell from the one inch square picture that it looked like upper management" thing. If you couldn't see it, you shouldn't have mentioned it. If you downloaded it, watched it and THEN thought it was upper management, you shouldn't have mentioned it.

      You committed slander.

      I would think about getting an attorney.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

      Comment


      • #4
        Uh-huh. He slandered a manager, but they didn't fire him for that; they fired him for his union involvement. Sure they did.
        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


        • #5
          Fine, Joe. Whatever you say.
          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


          • #6
            Let me say this. I had almost 70% of the staff in my building behind a union, but the AFT natl. rep. wanted all 5 buildings on board which was very hard to do but we were moving along. Yes, some A! K! management wannabe individual decided to blow it all. We had the management running scared. They did not want to loose control of their dictatorship. Can I help it if private water cooler talk is overheard and taken back to management when the person that took the information back didn't hear the whole story. And yes there is the whistleblowers act and thank you, I used it!!!!!

            Thanks joec
            Last edited by Littlebeaner; 09-29-2007, 11:55 AM.

            Comment


            • #7
              And the person that claims defamation over private water cooler opinions dont have a character to slander.

              Comment


              • #8
                This wasn't exactly water cooler talk.

                You told the break room that one of the managers was in a porn video and another one had a criminal record due to a background check you ran on him/her. In both cases, this information was false.

                Your job may or may not be protected under the whistleblower act - I would think you will have a hard time convincing a judge that the above discussions weren't sufficient for termination.

                Your job situation does not, in any way, protect you from the civil suits that are sure to follow.

                Organizing a union protects you from retailiation from management over organizing the union only. It does not give you a get out of jail free card to be completely reckless with unsubstantiated character attacks.

                Let's take this to the extreme. Do you think you would be protected if you decided to show your anger about upper management by taking a sledge hammer to one of their cars in the parking lot? Of course you wouldn't.

                I don't see how this is any different.
                Not everything that makes you mad, sad or uncomfortable is legally actionable.

                I am not now nor ever was an attorney.

                Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                Comment


                • #9
                  Originally posted by Littlebeaner View Post
                  And the person that claims defamation over private water cooler opinions dont have a character to slander.
                  Cool.

                  So if tomorrow the upper management starts spreading the unsubstantiated rumor that you are a convicted pedophile and sold your body to pay for your ever increasing crack habit, that would be okay?

                  It is, after all, just water cooler talk.
                  Not everything that makes you mad, sad or uncomfortable is legally actionable.

                  I am not now nor ever was an attorney.

                  Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                  Comment


                  • #10
                    Originally posted by joec
                    Hey this is all I need to know. That and some some butt kissing management wantabe snitched out the O.P.
                    JoeC
                    You do realize that the union is already present, right?
                    Not everything that makes you mad, sad or uncomfortable is legally actionable.

                    I am not now nor ever was an attorney.

                    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                    Comment


                    • #11
                      Originally posted by joec
                      Thats more than possible it is **** likly,contact an attorney that specializes in Labor law. You will either proceed to the NLRB or Pa.LRB.


                      Very unlikely there has to be a damage to remidie in order to sue,unless this manager sustained some type of damage from your action. The possibility is remote.
                      The hokum that the employer handed to you was a pretext for discharging you for Union organizing which is in violation of Federal,and state law.
                      JoeC
                      The company took the measure of explaining to the employees that the accusations were false. Someone thought there were damages.

                      The monetary value can be determined by their attorney.

                      Off the top of my head, I can think of, for the person, lost wages (because the person was too embarrassed to come to work), the cost of a new job search and the interim loss of revenue, cost of therapy to help the employee deal with the issue, and pain and suffering.

                      The company, the lost revenue while they had to shut down operations to disavow the claim, the lost revenue when the employee leaves, the cost of rehiring and retraining her replacement, and the cost of counseling any other employees that were effected.

                      Do all of these charges apply? Dunno... that is for the judge to decide.

                      I still recommend a good attorney for the civil suits... trust me, they are getting one.
                      Not everything that makes you mad, sad or uncomfortable is legally actionable.

                      I am not now nor ever was an attorney.

                      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                      Comment

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