Would that be considered slander and could I sue that customer for damages? I work in a hotel and a guest claimed that I called his girlfriend and told her that he was bringing strange women back to the hotel. I didn't do this of course since I don't know him or her and it wouldn't be any of my business anyways, but it got me into really hot water with my manager, who believed him over me. I am an exemplary employee who even received a near perfect score on my evaluation two weeks ago. I have not lost my job, but since leaving the gentleman has called several times asking to speak with the manager who has been out. I am worried that when she gets back he will call her and tell her something else and I will lose my job. If this happens is there any kind of recourse that I could take against him or against the hotel?
2007-07-04 19:16:48 · 6 answers · asked by Patrick E 6 in Politics & Government ➔ Law & Ethics
Legally, have to concur with Hexeliebe's above assesment.
A better approach would be logically:
You have not been fired, therefore, the point is moot.
Questions to pose to your manager if you are asked anything further about the matter are:
1) As you don't know his girlfriend, how in the heck could you have known who she was, what her phone number or anything else to tell her anything?
2) As you don't personally know either one of them, what would be your motivation to do what he is alleging?
3) Doesn't it sound more like a guy with either guilty conscience or his girlfriend got wise to antics and just said that someone at the hotel told her something to test him to see if it was true, and he was caught and wants to blame someone else?
4) Has your manager personally checked the call logs that day as they will show what calls who made to whom? Unless the hotel you work for is a Ma & Pa operation in the boondocks, they can get access, if they don't have already, detail of every phone call made to and from anything that originated or was dialed from their establishment. This alone should exonerate you.
2007-07-04 23:04:13 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
It is NOT libel but not for the reason debi seems to think. Libel is the printing of an untruth. Slander is the utterance of an untruth.
And while we're at it, a polygraph is NOT illegal either before or after employment as a condition of that employment.
Now that we've gotten the false information out of the way, the ONLY facts in your post that require analysis is that the customer BELIEVED you called the girlfriend and the manager who believed the customer.
In both instances, it does not rise to the level of slander which is the utterance of an untruth that the person who is making the utterances KNOWS is an untruth and with intent to harm.
As you admitted yourself, the customer believed you to be the person making the call and unless you can prove that the customer knew for a fact that you did not but just wanted to cause you harm, you have not proven slander to a legal certainty.
As for your boss, they are free to fire you for any non-protected (title VIII) reason such as race, sex, age, national origin or other so listed status.
2007-07-04 21:05:08 · answer #2 · answered by hexeliebe 6 · 1⤊ 0⤋
File a compliant with HR that you are being accused of an action that you where not involved in. Do NOT say it did not happen, just that you where no involved. Get it on record. Do NOT make any claims of what you think the manger believes - if possible only say that he has been out when the customer keeps calling. ALways log you side of the issue, include when you where on duty and not.
2007-07-04 19:27:29 · answer #3 · answered by Carl P 7 · 1⤊ 0⤋
Customer or not...this is liable as far as I know. I do believe you could sue the employer, and possibly the customer. Just as you might sue the press for reporting lies... it is called, slander. However, the employer is more liable than the customer...because that is who would be doing the firing or disciplinary action.
This should be reported to your human resources department. If you are speaking the truth. I would view a customer returning time and time again, as harrassment. I would be pointing that out to my employer.
The man that said the customer is always right...oh, come on. The customer is NOT always right, everyone knows it. That is a courtesy extended from the employer to a customer. You do not betray good people, to please nasty ones... period. If you are an employer of that type... you do not deserve people of quality working for you.
2007-07-04 19:52:22 · answer #4 · answered by debi_lockwood 3 · 0⤊ 2⤋
It is illegal to use a polygraph in most states to hire an employee. It is NOT illegal to use it after you are employed in most states.
Insist on a polygraph. The slander is unjust and you believe that lacking any proof of the accusation, you should be given the opportunity to prove it. Offer to sign papers to the effect that you will pay for the polygraph test if you fail it on this issue.
It's a win/win situation for everyone but the liar.
2007-07-04 19:25:15 · answer #5 · answered by mckenziecalhoun 7 · 2⤊ 1⤋
No. The customer, they say, is always right. It sucks, but it's true. However, your boss can probably see through bullshit. If it really was a lie, then you're not in trouble.
2007-07-04 19:21:49 · answer #6 · answered by Anonymous · 2⤊ 1⤋