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Can You Be Sue for Defamation if the Rumor You Spread is True

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  • 11-21-2012, 01:19 AM
    girlwithquestions
    Can You Be Sue for Defamation if the Rumor You Spread is True
    My question involves defamation in the state of: Colorado

    A coworker (and to a lesser extent his friend/office mate) is spreading a rumor that I have a mental illness to the rest of the office.

    A year back he made a filed a formal complaint which prompted an internal investigation. Nothing came of it, as his accusations turned out to be false or not against company policy. But it wasn't without dragging my name through the mud and socially isolating me for a bit.

    Since that time, he has been obsessively documenting and keeping tabs on me. When I come in, when I take a break.

    I have blocked him on all networking sites because of his stalking.

    He has been relentlessly rumor mongering for over a year now. Since he has no authority over me, he can't really retaliate or do anything himself. It's more trying to manipulate the boss to discredit everything I do. My boss has been really good about judging me based on what he himself sees instead of what my coworker tells him.

    However his latest escapade is insisting I have ADHD to the rest of the office, particularly management. Unless has actually studied ADHD, it's misunderstood as never paying attention to anything ever and people with it certainly should not be trusted with big high stake responsibilities.

    The problem is, I actually do have it and have been being treated for it for quite some time. I manage it properly and it hasn't ever caused any problems at work. I keep it a secret, only family and one outside friend know about it.

    I have never mentioned this to him. When he tried bring the subject up a few years ago, I told him I didn't have it. The problem is, he's really clinging onto this one. He's telling coworkers I'm taking medication, and that me drinking water is proof because the medication can make you thirsty (I only drink 2 glasses a day, that's not the point). He's insisting that me taking prescription medication is giving me an unfair advantage over everyone else (I wish!!).

    Since I told him I don't have ADHD, is it still defamation?

    Also, I'm worried that if he escalates this and contacts HR to report "drug abuse", I'll be drug tested. I know it will come up positive, and I can easily clear it with a copy of my prescription. But if I'm drug tested, will they tell my employers what prescription medications I'm taking?

    Then if I'm treated unfairly after that, can I go after my coworker for damages for spreading the rumor in the first place? Or does it turn into a work place discrimination case?

    Part of the reason I'm worried about telling my manager about this is I don't want him to know I have ADHD. It's really not a label you want slapped on you in the work place. Also, this coworker would never let it go if he had confirmation, and he would use it to gain credibility about everything else he was spreading. I have worked really hard to show everyone the rumors are false by being a hard worker and being friendly to show I'm not the demon he keeps making me out to be. Giving him ammo would just undo everything, and I would realistically have to find a new job if I didn't want to be miserable for the foreseeable future.

    If I lie and say this coworker is spreading misinformation about me, it will most likely come back and bite me in the @ss.

    If I go in and say he's spreading rumors and want him to stop, the inevitable "do you have it?" will come up. Really, any answer other than a no will sound defensive and be interpreted as a yes.

    So basically, is there anything I can do now before it escalates without letting my boss know I have ADHD? Or if it escalates what can I do about it, if anything?

    Thanks for reading!
  • 11-21-2012, 01:40 AM
    Dogmatique
    Re: Still Defamation if Rumor Just So Happens to Be True
    Truth is generally an absolute defense to any defamation suit.

    He's claiming you have ADHD. You DO have ADHD.
  • 11-21-2012, 02:05 AM
    girlwithquestions
    Re: Still Defamation if Rumor Just So Happens to Be True
    Yes, but he doesn't know it's the truth. Would it be up to him to prove, or me to disprove his claim?
  • 11-21-2012, 02:09 AM
    Dogmatique
    Re: Still Defamation if Rumor Just So Happens to Be True
    It would be up to you to prove the allegations false.

    But why bother? If he's such a rumor-mongering twit, chances are that the people who matter already know about him and ignore his silliness.

    Defamation suits are usually prohibitively expensive for the average citizen to pursue. You're thinking several years and tens of thousands of dollars. If you were to succeed, I'm not sure what you'd hope to gain - other than having ALL of your dirty laundry aired for the public to see.
  • 11-21-2012, 02:19 AM
    girlwithquestions
    Re: Still Defamation if Rumor Just So Happens to Be True
    I just wanted to know if what he was doing was illegal or not. I couldn't find anything on google about spreading rumors that ended up being true.

    Realistically, I'd rather spend several grand on vacation therapy and sit on the beach than sit in court all day. :cool:

    Just frustrated that's he legally allowed to run around telling everyone sensitive medical information, when he doesn't even know if it's true.

    It's more along the lines of I'm worried he'll contact HR for drug testing. Then I'll have to disclose everything to my boss, which I prefer not to do.
  • 11-21-2012, 02:45 AM
    Dogmatique
    Re: Still Defamation if Rumor Just So Happens to Be True
    Nope, he's not doing anything illegal.

    Idiotic, unprofessional and childish? Yeap. But not illegal.

    And heck yeah - get yourself to the beach :)

    (I'm stuck in the PNW where it's rained consistently - as it is wont to do - for decades. Least if feels like decades!)

    One thing I'll mention briefly though. If this does end up harming your career, you may - may - have some recourse. Think about invasion of privacy torts.
  • 11-21-2012, 09:11 AM
    mihamih
    Re: Still Defamation if Rumor Just So Happens to Be True
    I'm not a lawyer but to take this into a slightly different direction, could the OP perhaps seek a restraining order that would order the talking dude to stop talking? If he can be stopped, this would also solve the problem.

    AFAIK medical information is private. You should not have to disclose this to your employer. It's between you your doctors and the insurance. Unless of course you try to sue. But you can't win if you are lying.
  • 11-21-2012, 10:06 AM
    Dogmatique
    Re: Still Defamation if Rumor Just So Happens to Be True
    Quote:

    Quoting mihamih
    View Post
    I'm not a lawyer but to take this into a slightly different direction, could the OP perhaps seek a restraining order that would order the talking dude to stop talking? If he can be stopped, this would also solve the problem.

    No, and no.

    Quote:


    AFAIK medical information is private.
    I'm not sure what that has to do with this situation. Explain, please?
  • 11-21-2012, 10:56 AM
    Foster_Foster
    Re: Still Defamation if Rumor Just So Happens to Be True
    You're free to spend money talking with an attorney about, for instance, a false light invasion of privacy (which doesn't hinge on him being incorrect). Of course, if your goal is what you say, I'm not clear how this would help you.

    Be careful about the use of the word "stalk" because it has a particular legal connotation. People are pretty careless when they toss it about.

    It's unclear why your employer wouldn't put its foot down and say that this person's behavior is disruptive and offensive and to knock off talking about you.

    "I keep it a secret, only family and one outside friend know about it."

    Evidently it is NOT a secret though. At any rate, it's unclear why you believe that he's never seen any behavior indicative of ADHD and made the assessment on his own.

    "Since I told him I don't have ADHD, is it still defamation?"

    It wouldn't be defamation as such even if you hadn't denied having it.

    If you're drug tested and treated unfairly because the employer questions you about what's going on and you advise them that you have a disability that requires use of X, then you'd be free to go after the employer for disability discrimination.

    "It's really not a label you want slapped on you in the work place."

    Having ADHD isn't akin to being a pedophile, so I'm a tad confused.

    "Also, this coworker would never let it go if he had confirmation..."

    I understand your reluctance to own up to the fact that you lied to him and don't want to give him the satisfaction of being right, but the way to address his behavior is to ask your workplace to tell him to knock it off.

    "I have worked really hard to show everyone the rumors are false by being a hard worker ...."

    Sorry, but this doesn't make a lot of sense.

    Sounds like you want to talk with a counselor as well.

    "If I lie and say this coworker is spreading misinformation about me..."
    "If I go in and say he's spreading rumors and want him to stop, the inevitable "do you have it?" will come up."

    Why are you so convinced of this? At any rate, if they ask that question, I'd say "it's not the point. His behavior is bullying and disruptive and makes for an unpleasant work environment with his incessant scheming and complaining."
  • 11-21-2012, 06:38 PM
    girlwithquestions
    Re: Still Defamation if Rumor Just So Happens to Be True
    Quote:

    Quoting Foster_Foster
    View Post
    It's unclear why your employer wouldn't put its foot down and say that this person's behavior is disruptive and offensive and to knock off talking about you.

    My boss has talked to him on several occasions, he saves most of it for when it's just him and his office buddy to say stuff within ear shot. Asking my boss to baby sit them is unreasonable, but disciplinary action based solely on my say so is as well. I have no witnesses, he has a witnesses that are willing to lie for him. He'll tell coworkers like they're friends, "Don't tell anyone but..." and then they don't because they don't want to get him in trouble, as they did during the first internal investigation. Tattling on him will just make me come off as petty as him, which isn't in my best interest long term. That is why I was asking if this was defamation. He went to my boss directly "concerned" about it, so he can't deny saying it. Retaliating against an employee for filing a complaint or concern goes against policy.

    The problem is, we're both very skilled at what we do, and replacing either of us would be incredibly difficult for the time being due to hiring restrictions. It gets more complicated than that, but company politics aren't why I'm here.

    Quote:

    Evidently it is NOT a secret though. At any rate, it's unclear why you believe that he's never seen any behavior indicative of ADHD and made the assessment on his own.
    Unless he is a qualified doctor, he is in no position to be making assumptions and claiming them as fact. It's one thing to run around saying he thinks I have it, it's another to claim it as fact.

    Quote:

    If you're drug tested and treated unfairly because the employer questions you about what's going on and you advise them that you have a disability that requires use of X, then you'd be free to go after the employer for disability discrimination.
    Yes, that's a given. If it's something blatant. It's hard to prove the cause of not being promoted. Colorado is a free employment state, they can let me go with no explanation, and proving cause of termination would be hard to prove as well.

    Quote:

    Having ADHD isn't akin to being a pedophile, so I'm a tad confused.
    Shopping lifting isn't akin to armed assault and robbery, but it's still viewed negatively. Not everyone understands adhd, and some employers would feel uncomfortable trusting a high stake job on someone who could be a liability. It's not so much of a blatant, they'll react horribly to it, it's more along the lines of you won't be taken as seriously and could be passed up when promotions come around. It's generally not recommended to disclose you have adhd to your employer. You can research it if you like, most stories of disclosing that information are mixed at best.

    Quote:

    I understand your reluctance to own up to the fact that you lied to him and don't want to give him the satisfaction of being right, but the way to address his behavior is to ask your workplace to tell him to knock it off.
    It's not a matter of owning up to anything, or whether I'm right or he's wrong. It's the fact that adhd has a stigma in the work place that can have very real consequences for me if people start believing him. If it was simply a matter of pride or embarrassment, I would not be on here.
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