Defamation by Former Co-Worker

**Noman** · 06-04-2005, 03:01 AM

I left a job I had held for 3 years and started another. 3 months into it I began hearing people at my job referring to me as a "fag". I old my supervisor what was going on and he told me he would handle it and transferred me to another team in the company. A couple weeks later one of the people I worked with in the other team was transferred and he began spreading that a coworker from my last job told him I was a "dope smoking fag." I informed my supervisor what was going on and he allegedly spoke with the other people and they all denied that they were saying anything about me. Through the course of the next couple of months I was subjected to being called a "fag" and told that "I smelt like shit," on a daily basis. My co workers were going to other clients and employers in the area and telling them that I was a "dope smoking fag, who smelt like shit." I overheard the one coworker bragging to another employee of another company that they had put it out all over. Finally after having enough I called the head of the department and left a message that I wanted to talk to him about the situation going on with my group. The next day I got a message from my team leader, who was a conspirator in all this, asking what the problem was and why I had called his boss. My last day at work I over heard another employee talking as I walked by saying that someone should "Beat my faggot ass." I left work and quiet the next day.

I ended up getting another job relatively soon. Unfortunately the sister of the person who called my last job worked there. Soon I started hearing people refer to me as a fag and smelling like shit and referring to situations that happened at my last job. I went to my boss and told him of the situation at my last job and told him I felt that someone had contacted the company and spread rumors about me. My boss said he had not heard anything. The supervisor below my boss on the other hand began inspecting my work very carefully and started calling into question my abilities to do my job. Every day for 2 weeks straight he would call me up and complain about, what to me ware trivial matters. Finally I was terminated from my job because I allegedly was getting too many complaints.

I gained employment again pretty quick, unfortunately with a company that the person who started these rumors has ties with and yet again I have started hearing rumors of me being a drug addict running around. I am actively seeking another job as I fear this will end badly.

What if any legal action do I have against the person/people spreading these lies and or the companies that allowed it to go on? I unfortunately have no witnesses as every time I confronted someone they would deny they had said/heard anything. I do have another person who says that the person who started all this started the same rumors about him a few years ago. I have never been a drug addict nor am I a homosexual.

**aaron** · 06-06-2005, 09:10 PM

If you can prove that they are actually making the statements about you, you have a defamation claim. In many jurisdictions, allegations of illegal drug use would constitute "defamation per se", meaning that the person making the allegations would have to prove them true in order to successfully defend against the action.

**Noman** · 06-07-2005, 09:28 PM

Assuming I can prove that they are saying these things, how would I go about proving 1) that I'm not a homosexual? I assume I could get a couple of ex girlfriends to testify in my defense but what if they are not amendable to doing so. Could I get my parents to testify that they have never known me to be a homosexual? 2) How do I prove that I am not a drug addict? I assume they will either claim that I was impaired and or claim that the reason I smelt like shit was because I was on drugs. Is there anything I can do that would show a jury that I am not a drug addict? Lastly what are my chances realistically of prevailing in this case, in your opinion? Thanks.

**aaron** · 06-07-2005, 09:34 PM

You would establish your case, where you had the burden of proof, by testifying that the allegations are false. You would not need to establish anything for a defamation per se claim - the defense would have the burden of proof. (If they presented evidence in support of their claims, you might have to deny, refute, or rebut it.)

To have your situation assessed for the probability of success in litigation, you need to speak to a local lawyer who handles defamation cases.