Ok, here it is. I was recently suspended for 3 days without pay because my immediate supervisor lied. After a recent disagreement between us, the supervisor informed the HR department that in the course of the conversation, I told her to "Shut the F**k up". HR informed me two days later that I was being wrote up for insubordination and intimidation and, because of the profanity used and the excessive nature of the conflict, was being suspended for 3 days. I denied the accusation, and offered witnesses to the fact, yet was told it didn't matter. I realize that since I live in an at-will state, I don't believe the company can be held liable yet. But I was wondering if I could file a defammation of character case against the supervisor in small claims court for the amount of wages I lost due to her lies, plus court costs. I've worked for this company for over 12 years and have never received any disciplinary action. THe supervisor just recently transferred into our department.
2006-08-14 15:24:32 · 3 answers · asked by bob1089 1 in Politics & Government ➔ Law & Ethics
The problem is you are in a "she said" "he said" situation.
How long has she worked for the company? Longer than you? Shorter than you? Do you know anyone over her head to resolve the dispute? If you offer affidavits and witnesses that prove she lied, who told you it didn't matter? Who told you they wouldn't accept that evidence? I would get the affidavits written out by the people who witnessed this, get their signature notarized, keep a copy, go to the President or Vice President of the company and find out why this is lopsided. There must be a remedy above the HR department for disputes. Tape record the conversation. If necessary, after that conversation, call an attorney to pursue discrimination. Remember to be professional, use manners, treat everyone with respect, and nail the menopausal b**ch to the wall. Keep good written records and record your conversations. (That's what I would do anyway).
2006-08-14 15:34:26 · answer #1 · answered by D 4 · 1⤊ 0⤋
The jurisdiction of a small claims court to hear a particular type of lawsuit is governed by state law. Your state may or may not permit the small claims court to hear a defamation case. I know you could file such a case in California if the amount was less than $7500. In fact, I know of a case where a person was with a $5000 judgment for libel.
Filing you case and proving it are two different things. If you do file the lawsuit, make sure you get a subpoena to compel the witnesses to attend.
The more important question is why are you still working there? Your employer didn't care about your witnesses and they just shows you how much your 12 years of services means to them: squat.
2006-08-14 23:27:12 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Generally small claims court is only allows claims for actual damages and losses.... not for mental distresss etc.... that being said , you can preety much file suit against anyone for anything but that does not mean you have any chance in hell of winning. Why do you want to continue to work in such conditions? The job market is wide open right now. Go out and find something better.
2006-08-14 22:33:24 · answer #3 · answered by lowrider 4 · 0⤊ 1⤋