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  1. #1
    Join Date
    May 2016
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    Default Can You Sue a Former Employer for Accusing You of Theft

    My question involves defamation in the state of: my fiancÚ was fired from his former Employer saying he stole money. My fiancÚ was in charge of booking events for the hotel. The hotel fired him saying he stole money from a previous party he booked ..once people started calling to cancel events and request a refund the hotel manager Told people that had parties booked that they never received there deposit for the parties. The hotel manager told the guest that booked the parties that my fiancÚ stole there money and told them to press charges against him, which they did. My fiancÚ had warrants out for his arrest. My question is what can we do? The hotel clearly didnt want to refund the guest there money back for canceling there events .. Is the hotel liable? Can we sue the hotel for defamation of character for saying he stole money when he didn't? The hotel has a really bad reputation and already has a pending law suit

  2. #2
    Join Date
    Oct 2014
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    7,532

    Default Re: Can You Sue a Former Employer for Slander and Defamation of Character

    Your fiancÚ could certainly sue (this is not a “we” situation, he was the one defamed, not you) assuming that he suffered some damages as a result of the defamation, and that isn’t entirely clear from you post. In many states he could also sue for the claim he committed theft even without damages under a principle called defamation per se. That will depend on the applicable state law, and you did not specify the state. Note in a defamation per se case there is no guarantee a jury would actually award much when no actual damages were suffered. He might just get $1. No way to predict that going in. Litigation can get expensive, so he would want to be reasonably sure he would get more than those costs before starting. I suggest that he consult a civil litigation attorney in your state for advice.

  3. #3
    Join Date
    Sep 2013
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    312

    Default Re: Can You Sue a Former Employer for Slander and Defamation of Character

    Why did you ignore the location part of your post? It's there for a reason.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Can You Sue a Former Employer for Accusing You of Theft

    Quote Quoting Areeves23
    View Post
    my fiancÚ was fired from his former Employer saying he stole money.
    The former employer's accusing your fiancÚ of defamation is not, of itself, defamatory as a defamatory statement must be made to a third party.
    Quote Quoting Areeves23
    My fiancÚ was in charge of booking events for the hotel. The hotel fired him saying he stole money from a previous party he booked ..once people started calling to cancel events and request a refund the hotel manager Told people that had parties booked that they never received there deposit for the parties.
    What happened to the money?
    Quote Quoting Areeves23
    The hotel manager told the guest that booked the parties that my fiancÚ stole there money and told them to press charges against him, which they did.
    There's a potential defamation claim in the manager's statements to guests that your fiancÚ stole their money, but there's a wrinkle: The police investigated the accusations and found probable cause to charge your boyfriend with stealing the money. You haven't told us the outcome of the criminal case(s) that were filed against him. If he was convicted, it's game over -- he has absolutely no chance of winning a defamation case. If the charges remain pending, he needs to focus on the criminal charges and worry about his former employer at a later date.
    Quote Quoting Areeves23
    The hotel clearly didnt want to refund the guest there money back for canceling there events
    What does that have to do with the theft accusation? The issue is not that the hotel didn't want to give refunds -- the issue is that customers were issued refunds, but that somebody stole the refunded money instead of actually delivering it to the customers, right?

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