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Wrongfully Terminated Due to Defamation

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  • 03-19-2012, 07:17 PM
    garth_
    Wrongfully Terminated Due to Defamation
    My question involves labor and employment law for the state of: Idaho

    I am currently in the process of losing my job due to defamation. Simply put, someone started a false rumor about me and I am getting fired for it.

    Without going into detail (yet) a coworker, "A," told another coworker, "B," that I said something that I never said. Now B is "uncomfortable working around me" and I am being fired for that reason alone.

    Do I have a case?
  • 03-19-2012, 07:23 PM
    davidmcbeth3
    Re: Wrongfully Terminated Due to Defamation (Slander)
    Maybe if (a) you can prove the rumor was false & the person said it and (b) you can PROVE that this is the reason for the termination ; of maybe just with (a) ... go see a lawyer.

    These are very hard to prove...
  • 03-19-2012, 08:35 PM
    Disagreeable
    Re: Wrongfully Terminated Due to Defamation (Slander)
    A case for what? The employer is free to terminate you. You seem to have little proof any slander occurred, so suing the person who supposedly claimed something, is somewhat mute.
  • 03-20-2012, 05:06 AM
    eerelations
    Re: Wrongfully Terminated Due to Defamation (Slander)
    Against coworker A, not your employer.
  • 03-20-2012, 05:56 AM
    cbg
    Re: Wrongfully Terminated Due to Defamation (Slander)
    Here we go again.

    A wrongful termination does not mean that you were fired for something you didn't do. It means that you were terminated for a reason prohibited by law.

    It may be that you are being unfairly terminated, but you are not being wrongfully (illegally) terminated.

    You can try suing Coworker A. The burden of proof will be on you to show that he lied. Not that he was mistaken. Not that he overheard something and misunderstood it. Not that he heard part of a conversation and jumped to conclusions. Not that someone did say it and he mistakenly, but sincerely, thought it was you. But that he knowingly and deliberately lied.
  • 03-20-2012, 05:56 AM
    antrc170
    Re: Wrongfully Terminated Due to Defamation (Slander)
    Even against coworker A, you don't have much of a suit. The employer is free to believe any employees statement over another. If they have claims from one or more workers that you are making the work environment uncomfortable, you can be terminated.
  • 03-20-2012, 09:36 AM
    davidmcbeth3
    Re: Wrongfully Terminated Due to Defamation (Slander)
    Quote:

    Quoting eerelations
    View Post
    Against coworker A, not your employer.

    Correct, for slander .. not wrongful termination (although if the employer knew the rumors were false and fired your and repeated the rumor then maybe -- but for slander as the cause of action)
  • 03-21-2012, 02:06 AM
    garth_
    Re: Wrongfully Terminated Due to Defamation (Slander)
    Thanks for the replies. So to be clear, it is not illegal for an employee to be fired based on rumor alone. Correct? Thanks again and sorry if I have wasted your time.
  • 03-21-2012, 05:55 AM
    cbg
    Re: Wrongfully Terminated Due to Defamation (Slander)
    That is correct. it is not illegal for an employee to be fired based on rumor alone. Google at-will employment.
  • 03-21-2012, 09:47 AM
    davidmcbeth3
    Re: Wrongfully Terminated Due to Defamation (Slander)
    Quote:

    Quoting garth_
    View Post
    Thanks for the replies. So to be clear, it is not illegal for an employee to be fired based on rumor alone. Correct? Thanks again and sorry if I have wasted your time.

    Not a waste of time ... I take it that you will not pursue the rumor maker?
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