Fired Due to Co-Worker's False Accusations

[aaron]

It doesn't cost $30,000, it costs more than $30,000 to file and fight a defamation lawsuit.

It costs whatever the lawyer charges, plus court costs, deposition fees, etc. No sensible lawyer is going to quote a price for how much a tort case will cost to litigate before reviewing it. Litigation is not a fast process (although early settlement sometimes occurs) but, once filed, cases rarely take three years to resolve.

[ESteele]

The length of time depends largely on how the courthouse operates. A very few courts, e.g., E.D. Va., operate with dispatch (sometimes at the expense of justice). In these courts, a case may be set for trial in a matter of months following the initial filing.

Most other courts, though, do not operate with level of expediency. Consequently, a civil litigant can easily face multiple years from the filing of his or her judicial complaint to actually getting a trial date. If a case does not involve a significant amount of complex motion practice, then it may very well go to trial within one to two years. If it does involve complex motion practice, then two or more years is likely. Under such circumstances, three years is not at all beyond the pale.

As to settlement, unfortunately parties frequently do not resolve their cases until after they have spent years of time and resources in pretrial discovery, motions and other proceedings, e.g., “walking up the courthouse steps.” While cases occasionally settle relatively soon after the filing of the complaints, such early settlements are not the norm.

[Zigz]

Why and how were you losing weight? Was the weight loss related to a health condition? The answers to these questions may have some bearing on whether you could potentially explore a disability related cause of action. A long shot? Yes, but worth exploring nonetheless.

Additionally, with respect to the theft allegation, you should endeavor to find out if any of your prospective employers has chosen not to hire you because your former employer alleged you stole something out of a coworker’s purse. If you can identify (1) a credible party at a prospective employer who would testify he or she directly heard a management official from your old job explain that you were terminated due for theft and/or (2) a written job reference or other document from the old job explaining that you were fired due to theft, then you may have a basis for pursuing a civil action against your former employer.

Only thing I do have is the government document from the unemployment that states the first time from their appeal they stated I was fired for violation of a company rule "there is no handbook or rules that I know of after working there for 10 + years". On the second attempt for them to fight my unemployment they filed an appeal that states "She was discharged for being caught stealing from another employee"

[ESteele]

The duality of explanations does not necessarily translate into a cause of action against your former employer. The employer’s explanations to the unemployment benefits representatives are generally privileged. Consequently, you cannot utilize these statements as a primary basis for pursuing a defamation action against the company.

If, however, the former employer informs a prospective employer you were “caught stealing from another employee,” such communication is not privileged. Consequently, you could utilize such a statement as a basis for pursuing a civil claim against your former employer.

In short, as stated earlier, you want to endeavor to discover what your former employer is communicating to prospective employers. The aforementioned “caught stealing” statement to unemployment may serve as corroboration. However, IMHO, you will want an additional statement or a witness confirming that your former employer has spread this falsehood to prospective employers, not just to the unemployment commission.

You may want to speak directly with local employment attorney to explore whether to utilize a “tester” to discover exactly what is now being said about you to prospective employers.

[Zigz]

The duality of explanations does not necessarily translate into a cause of action against your former employer. The employer’s explanations to the unemployment benefits representatives are generally privileged. Consequently, you cannot utilize these statements as a primary basis for pursuing a defamation action against the company.

If, however, the former employer informs a prospective employer you were “caught stealing from another employee,” such communication is not privileged. Consequently, you could utilize such a statement as a basis for pursuing a civil claim against your former employer.

In short, as stated earlier, you want to endeavor to discover what your former employer is communicating to prospective employers. The aforementioned “caught stealing” statement to unemployment may serve as corroboration. However, IMHO, you will want an additional statement or a witness confirming that your former employer has spread this falsehood to prospective employers, not just to the unemployment commission.

You may want to speak directly with local employment attorney to explore whether to utilize a “tester” to discover exactly what is now being said about you to prospective employers.

Would it be admissible proof if I record management/owner of saying such things with out their knowledge of being recorded.

I already have in my possession a recording of my manager stating to someone that I was fired for giving away a bowl of soup to a customer and for going through someone's purse but not stealing anything which is a total outright lie and contradiction of what I was told when I was being terminated. Also on the recording are remarks by my manager saying that my declining health issues and emotional stresses which was caused by "the daily bombardment of employees comments about my weight loss for months" was leading them to believe that there was something underlying drug problem!!!

[ESteele]

Check with local counsel. If such surreptitious recording is otherwise lawful in your state, it would appear that the recording would be admissible.

However, the secret recording still appears to be only circumstantial evidence, at best, of what your former employer may have informed prospective employers. As stated earlier, the fact your employer has lied about what you did does not automatically translate into a cause of action, in my opinion. In contrast, if your former employer has spread and/or continues to spread this lie to prospective employer(s), then you would appear to have a viable cause of action.