I was wrongfully accused of having a relationship with another co-worker. After asking around, I found out who started these rumors. I was wondering if I can sue this person for false accusation? I honestly don't feel comfortable working there anymore.
2007-01-20 05:31:05 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In order for a claim to be actionable, several points must be shown. First, that you were harmed by an act traceable to this defendant, that you suffered quantifiable damages, and that the
court can fashion a remedy for you.
Off the top of my head, the only cause that comes close is probably false light invasion of privacy. The problem is that I dont really see where you have been damaged. Now, if the other party to this alleged tryst were under age, or something of that nature, then you would meet an exception to the quantifiable damage requirement in that you were being alleged to have committed an act of moral terpitude.
Another thought that occurs is of course slander, which is a
spoken statement, falsely made with knowledge of its falsity and
communicated to a third person who understands it. The problem there is that you have the same damage problem as above.
Another possibility might be intentional or negligent infliction of
emotional; distress, but that usually requires conduct so outrageous that it would "shock the consciousness" and also
distress so great that some kind of medical treatment was required for the symptoms.
If this person is a known gossip, your best course may be to take the matter to the employer to handle the matter internally. If that doesnt work, and your distress actually rises to the above cited standard, you may then have an action called termination by construction of law, which basically means that the workplace is so intolerable for you that it is the functional equivalent of being fired. You may also consider an injunction against this person, to
keep them quiet for the future.
2007-01-20 05:45:49 · answer #1 · answered by Jeffrey V 4 · 0⤊ 0⤋
Would suing this person make you feel more comfortable at your job? Sounds like a silly way to handle office talk. And it probably wouldn't win you anything except a lawyer bill you have to pay.
If it affected your paycheck or they defamed you to clients then you might have something, but really, just ignore it cuz there will be new office gossip by the time this question is closed to new answers. If you let it bother you then people will bother you about it.
confront this person in a room full of people co workers, ask why they decided to start this rumor...makes it hard for them to lie when everybody is watching....they deny starting it, poeple already know that's a lie and there you go. Who ever doesn't believe you won't believe you even if you sue.
Talk to a supervisor, see if there is anything that can be done. This may fall under "workplace harrassement"
Otherwise, if it bothers you that much then quit.
Are you suing for money or reputation? either way I feel (could be wrong, I'm not a lawyer) that you would suffer more making a legal deal about this. Esp if it was just a rumor that had no financial affect. Makes you look silly...add that on top of what you "think" people think about you. And if you lose...even sillier...
2007-01-20 05:50:52 · answer #2 · answered by emtalex 4 · 0⤊ 0⤋
READ THIS: - there are many lawyers out there that will give you a FREE consultation. See as many as you can. Then armed with "solid" information, make a "judgement call". This is a "tricky" situation, and what I don't understand is, why has the perpetrator of this "vicious lie" still have HER position in the company? This is what you need to find out, and probably the way to go is a "solid medical leave", STRESS is a KILLER! So, I believe your best course of action is to see FREE lawyers who specialize in "wrongful dismissals", "workplace harassment", etc and then make a wise decision. This could effect your work career for a very long time. Be wise and don't jump the gun. A good probability is to speak to your company's Human Resource Management - but do that AFTER you talk to a couple of Lawyers first. Good Luck and try hard not to let this stress you out,it will effect your work performance,your personal life, and your family life. Take a Deep Breath every time you feel "stress" coming on and hold it for the count of 10 - then let your air out slowly. In my legal mind, I feel you have a case for Workplace Harassment and it may involve more then one worker, so be smart and take my advice.
2007-01-20 05:49:24 · answer #3 · answered by peaches 5 · 0⤊ 0⤋
Has this "rumour" affected your job at all? If you have not been disciplined or fired, I would let it be. Gossips will be gossips. If you do try to sue this co-worker, chances are that your workplace WILL become an issue for you and you don't want to make things worse.
2007-01-20 05:37:22 · answer #4 · answered by Angela B 4 · 1⤊ 0⤋
are you able to? particular. Will you win? Doubt it, yet consistent with danger. One question is: you have witnesses who've seen threats of violence. grow to be the *employer* attentive to them? could a existence like man or woman have predicted the employer to visual demonstrate unit? Did the employer do (or fail to do) some thing that a existence like man or woman could have completed to think of or preclude it? Upon being hit, grow to be the co-worker disciplined and/or fired? And did you go through truthfully injury because of the fact of that failure? are you able to sue the co-worker? How a lot injury grow to be completed? Did you're able to desire to circulate get remedy for it? Did you record a police record approximately it / grow to be the co-worker arrested? To get a style of the respond of in case you're able to desire to win, you're able to desire to seek for suggestion from an invaluable lawyer on your jurisdiction. it may marvel me if a lawyer could take your case on contingency (i.e. artwork on your behalf watching for a decrease of any award rather of money up front,) yet no longer impossible. And if your employer is of any length, bear in mind they have additional money than you do to guard it - and so does their coverage. finally, whistleblower or no, are you waiting to stand legally-justifiable retaliation for submitting healthy against your employer? think of approximately it. yet sturdy luck!
2016-11-25 22:22:44 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Technically you can but I don't think you'd get very far.
It didn't harm you in any way and you didn't get fired from your job and there wasn't anything in print.
I'd say just brush it off and try to move on. Correct people whenever you hear anyone talking about it or if they ask you about it.
If you're really that uncomfortable, change jobs.
2007-01-20 05:34:52 · answer #6 · answered by hiskonstantine 2 · 1⤊ 0⤋
Then quit. This is a trite situation. The best thing to do is walk away. If you were permanently harmed physically, then sue.
2007-01-20 05:34:59 · answer #7 · answered by Chainsaw 6 · 0⤊ 0⤋
Phone the law dept. at your local university and enquire.
It would seem a lot easier to find a new job...really...
2007-01-20 05:35:36 · answer #8 · answered by poutine 4 · 0⤊ 0⤋
no. go to your human resources person and tell them. this falls under sexual harassment but must be repeated over time and not stop.
2007-01-20 05:39:56 · answer #9 · answered by Akela 4 · 0⤊ 0⤋