i have recently been dismissed from my job because there was some money that went missing and they blamed me even though there was a possibility of about ten people that could have commited an offence.they had no evidence to incriminate me they just said that on the balance of probability that i had done even though i have not done anything wrong. i had worked for them for four years and i was one of there most trained and respected members of staff.anyway they had me arrested for this "offence" and the police cleared me of all charges because they had nothing that they could find to incriminatye me and i provided them all bank details and phone records etc to help with the enquiry. however the employer sent me a letter confirming my dismissal and they had originally alleged three things against me but this second letter confirmed that i had commited the offences even though they could not prove it. there has also been a member of staff telling everybody that im guilty do i have a case
2007-12-07 23:48:18 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I would have thought an industrial tribunal was the way to go with this! There's not only the issue of false arrest here, but the fact that you were dismissed and the loss of earnings. Go for it - see if you can get a free half hour consultation for an emloyment law specialist solicitor. Good luck.
2007-12-07 23:51:48 · answer #1 · answered by Sal*UK 7 · 4⤊ 0⤋
Defamation of Character is probably the most difficult case to prove.
You will have to prove that the person that you are sueing said theses things 1) knowing that they were untrue and 2) specifically and only to cause you harm.
The person who tells people that you did it can easily defend against the suit by informing the judge that they honestly believe that you did it.
The company as well has significant legal protection in such a case.
You may have a case for Wrongful Dismissal but Defamation of Character is a long shot. Company HR practises are also usually really good at making sure that they follow the rules to the letter on dismissals so be careful.
2007-12-08 00:02:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Actually, you can sue for this. When someone falsely says that a person has a disease, committed a crime, committed a sexual crime, or is unfit to do any specific job, they are guilty of defamation per se and you can recover damages for this. It may not be much, but you could potentially win a case like this in small claims. This is of course provided that you could prove he knew you didn't have it and said it maliciously, which you must do with any defamation case.
2016-05-22 03:38:19 · answer #3 · answered by janell 3 · 0⤊ 0⤋
Go to the Citizens Advice Centre and speak to someone.
The Police had the authority to arrest you on the allegations of the employers so you can't sue them for unlawful arrest etc.
The letter would appear to suggest there is defamation of your character as are the verbal statements by your ex colleague. (If someone will confirm they said it to them)
As previously mentioned you should go for an Employment Tribunal, providing the other matters were not a dismissible matter under your contract of employment.
If they were then a solicitor (first CAB) would be the best course of action.
Good Luck
2007-12-08 00:01:37 · answer #4 · answered by Rick J 5 · 2⤊ 0⤋
You don't say where you are, and I can't guess what law applies. I'm guessing from some of your spelling that it's not the US.
In the US courts, defamation cases are only win-able if you can prove damage, usually financial damage. If, for instance, you are unable to get a similar job at a similar pay scale, you have damages. The fact that your former employer and some of your colleagues now believe you're a thief is regrettable but does you little legally-actionable damage. If they managed to convince your wife and she divorced you, that might be actionable, too.
Note that I'm not a lawyer. I have worked in law offices.
2007-12-08 00:00:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It sounds like the staff member that's telling everyone that your guilty of the crime, is probably the one that did the crime!!! Why would this person start pinning this on you when they don't really know who did it?? Maybe they should be checking out this person instead of you. Only guilty people put the blame on someone else. They'll get there's don't worry!!! Yes you have a case of Wrongful Dismissal!!
2007-12-08 00:15:06 · answer #6 · answered by 24Special 5 · 0⤊ 1⤋
If they were stupid enough to put that in a letter, sounds to me like you do.
What you need to find is a lawyer that will take it on and only charge if they win. Otherwise, it could cost you thousands just to get it to court.
I will make it clear that this needs to be handled by someone who knows the law and knows how to proceed. It isn't enough that you are right.
You will also need to keep detailed records of any comments passed to show that they are spreadng these allegations.
2007-12-07 23:58:17 · answer #7 · answered by Terryc 4 · 1⤊ 0⤋
If it's written in a letter then it's libellous and somebody saying it is slander, but it would cost you thousands of pounds to take it to Court. Best option would be an Industrial tribunal for unfair dismissal. Good luck.
2007-12-08 00:38:22 · answer #8 · answered by flint 7 · 0⤊ 0⤋
I suppose not knowing full details of your case what we have got is what you have said against what may come from your employer. What is however obvious for all to see is that you have got a grievance [however genuine] that needs to be addressed. You should see some one who is an expert at handling your type of case. It is absolutely vital that you do so.
2007-12-08 00:14:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I would consult with a lawyer.
2007-12-08 02:57:04 · answer #10 · answered by WC 7 · 0⤊ 0⤋