Forums
Libel/Slander in Employment File
Legal Forum
Libel/Slander in Employment File
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
In a recent situation, an employee and union rep gave management a list of names of employees to speak with, whom had problems with this one specific manager. A meeting was held one day where only a f
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId17501
Forums » Topic Forums » Legal Forum » Libel/Slander in Employment File
|
Libel/Slander in Employment File
posted at 8/8/1999 8:50 AM EDT
|
Posts: 29
First: 7/27/1999 Last: 5/6/2001 |
In a recent situation, an employee and union rep gave management a list of names of employees to speak with, whom had problems with this one specific manager. A meeting was held one day where only a few employees on that list were called into an individual meeting to speak about problems that they've encountered with this manager. However, the union was not present at this meeting but the accused manager, her manager and personnel rep were. Some employees were even called in unsolicited, not on this list. An employee who was unsolicited made comments about another employee stating that all employees thought she was psychotic and it was like playing chess with her, you never knew what move to make next. This comment was documented and placed in the permanent personnel file of who she spoke this about. Obviously, someone from management typed this up and purposely included it in the file. Is there any case of slander/libel/defamation of character here? I think this can get removed, but what else can be done to rectify this false accusation? Who is liable, the company or the employee who said it? |
|
|
Libel/Slander in Employment File
posted at 8/11/1999 7:22 PM EDT
|
|
Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
As I understand your posting, a number of employees met with management to discuss a manager with whom they have had problems. In the course of one meeting, one employee made remarks about another employee (not the manager), such as "all employees thought she was psychotic and it was like playing chess with her, you never knew what move to make next." Your question is whether this statement was defamatory.
Defamation is an issue of state law. Typically, persons seeking to sue for defamation must establish, at a minimum, (i) a false and defamatory statement of fact, (ii) made by the person they are suing about them, (iii) published to a thrid party, and (iv) injury. If the person about whom these statements were made is so inclined, they can discuss the specifics of the situation with an attorney licensed to practice in their state. |
Forums » Topic Forums » Legal Forum » Libel/Slander in Employment File
