Can I Sue for Defamation of Character Over Allegations By Employer

[Jeremyschoonover]

My question involves labor and employment law for the state of: Arkansas

I was told to not return to a job and to stay off the property for 1 month. This started when managment shifted in my department. I was called before hand told there was a HR investigation against me. The woman who was very rude from HR gave me about 30 seconds to talk, and said it was from something I said about my depression. The next day I called my work asked if I was to report to my regular shift. They replied no since the HR investagition was about me threating an employee. Which never happened. My second and third attempt to contact the companys HR department met with voicemail and no return call for 3 weeks still no return call to defend anything said against myself. Then I was fired, told not to come on the property. Then my girlfriend who was aslo an employee there recieved some text messages from an employee from my department saying that I had a "dark side" that I need "help". This went on for a few days.

[cbg]

SOMEONE clearly interpreted something you said as a threat.

But the only one you would have a prayer of suing would be the person who reported you to HR, and you would only be able to sue that person if (a) you knew who it was AND (b) you could provide clear and convincing evidence that the individual lied. Not, misunderstood something. Not, jumped to a false conclusion. Not, had a differing opinion than yours. Not, heard something you said and interpreted it differently than you meant it. Knowingly and deliberately LIED.

[DavidForthoffer]

But the only one you would have a prayer of suing would be the person who reported you to HR, and you would only be able to sue that person if (a) you knew who it was AND (b) you could provide clear and convincing evidence that the individual lied. Not, misunderstood something. Not, jumped to a false conclusion. Not, had a differing opinion than yours. Not, heard something you said and interpreted it differently than you meant it. Knowingly and deliberately LIED.

I disagree with everything you said in the above quote.

For one thing, the standard in a tort is "preponderance of evidence", not "clear and convincing evidence".

For another, defamation of character occurs when one person defames another. That does not depend on whether the first person tells the truth, or lies, or misunderstood something, or jumped to a false conclusion, or based the defamation on an opinion different from yours. It is the defamation that is the cause for action.

Yes, truth is a defense against a suit for defamation of character. But it is an affirmative defense that must be proved with a preponderance of evidence by the defendant.

People who repeat a slander are just as liable as the originator of the slander. Jeremyschoonover may well be able to find a number of people who slandered him.

That said, even in cases where the slanderer and the slander is public, and the slanderer does not have a defense (such as truth), such cases tend to be long drawn out affairs with no guarantee of a large enough award to compensate you for your years of time you would have to put into it, and no guarantee that you would be paid reasonable attorney fees. You might not even be able to find an attorney to take the case on contingency, which would mean you would have to pay thousands of dollars in order to suck up your life for years, with only the hope of "justice" in the end.

Go on with your life. Do good and prosper. Leave the dirt behind.