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  1. #1
    Join Date
    Aug 2009
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    5

    Default Can I Sue a Company for False Allegations / False Accusations

    I used to be an assistant manager at a retailer (huge chain) and was fired due to my shift failing secret shop. Recently my application for a government position was denied because the former manager from the mentioned retailer falsely told them that i committed theft and that's why i was fired. I have never done committed this and since i have never done it, there is obviously no evidence suggesting such thing.

    Can i sue both the retailer and former manager for these false allegations/accusations? Are my chances zero since this retailer is huge across the country?

    some more details:
    - For the government position a background investigator conducting a background search. He basically went ahead talked to the former manager. The manager literally lied to the investigator.

    - I have papers from when i was terminated. Since i didn't steal anything my paper only indicates that i was terminated on such and such dates.

    - Secret shop = some random person comes in and your shift must do a total of 10-15 steps of how to greet and handle customer. One of my sales reps failed this and i got the boot for it.

    Thank you in advance.

  2. #2
    Join Date
    Jul 2009
    Location
    Rhode Island
    Posts
    86

    Default Re: Can I Sue a Company for False Allegations / False Accusations

    Do you have proof that you were not hired solely on your ex-manager's claim?

    In order to sue under Defamation standards, the threshold is if the "utterer" knew them as false, and relayed them to third party. After that threshold is met, you must suffer a damage (e.g. demotion, termination, etc...)

  3. #3
    Join Date
    Aug 2009
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    5

    Default Re: Can I Sue a Company for False Allegations / False Accusations

    Quote Quoting SNPJR
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    Do you have proof that you were not hired solely on your ex-manager's claim?

    In order to sue under Defamation standards, the threshold is if the "utterer" knew them as false, and relayed them to third party. After that threshold is met, you must suffer a damage (e.g. demotion, termination, etc...)
    Yes, I spoke with the person handling my case. I was denied due to the fact that i committed theft.

    This person is spreading lies about me, damaging my reputation, hindering my opportunities for advancement.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Can I Sue a Company for False Allegations / False Accusations

    Typically, accusing somebody of a crime is going to constitute actionable defamation even in the absence of actual damages. (That doesn't necessarily mean it's worth suing.) Defamation laws are different in each state.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,170

    Default Re: Can I Sue a Company for False Allegations / False Accusations

    I doubt very much if you can sue the company. You may be able to sue the specific individual. Consult local counsel.

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can I Sue a Company for False Allegations / False Accusations

    Employers have absolute immunity for any torts arising out of providing job references. You may have a claim against the particular individual. However defamation verbal slander cases are very hard to prove. All defamation and libel cases are also very expensive typically.

    Defamation and slander are not criminal offenses. This is a note for the person referring to the tort as a crime. It is not a crime. Although some states have criminal libel statutes, they are for very special circumstances and are seldom used. There is no way any DA/SA is going to consider such a thing in this case.

    A strongly worded letter from an attorney sent certified mail to the employer and the individual should take care of the matter.

  7. #7
    Join Date
    Aug 2009
    Posts
    5

    Default Re: Can I Sue a Company for False Allegations / False Accusations

    Quote Quoting cbg
    View Post
    I doubt very much if you can sue the company. You may be able to sue the specific individual. Consult local counsel.
    really? because i thought if a employee does something while at work in the companies uniform than it's the company's responsibility. Especially since she was the company representative when the investigator when to them.

  8. #8
    Join Date
    Jul 2009
    Location
    Rhode Island
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    86

    Default Re: Can I Sue a Company for False Allegations / False Accusations

    If a Police uses excessive force, and is sued, is usually sued personally...since his conduct stepped outside the realm of his qualified immunity and the town will not cover him.

    Same thing with those "The views expressed are not those of the companies..." blah blah blah...

    A company is not obligated to cover it's employee if the employee is acting in gross negligence.

    I was referring to tangible proof, rather than verbal.

  9. #9
    Join Date
    Aug 2009
    Posts
    5

    Default Re: Can I Sue a Company for False Allegations / False Accusations

    Quote Quoting SNPJR
    View Post
    If a Police uses excessive force, and is sued, is usually sued personally...since his conduct stepped outside the realm of his qualified immunity and the town will not cover him.

    Same thing with those "The views expressed are not those of the companies..." blah blah blah...

    A company is not obligated to cover it's employee if the employee is acting in gross negligence.

    I was referring to tangible proof, rather than verbal.

    i see.

    Anyhow looks like I'm screwed. Since this was all verbal (and if it wasn't inestigator obviously won't release anything unless under court order) my case won't hold up. If i go and confront blockbuster, the government job will be out of the question.

    I have go through my entire life with this lie attached to my back.

    This is simply unfair...

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,170

    Default Re: Can I Sue a Company for False Allegations / False Accusations

    Before you lie down and surrender, you might at least try putting the facts in front of an attorney.

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