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  1. #1
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    Dec 2017
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    Default Can You Sue a Former Supervisor for Making False Allegations About You

    My question involves defamation in the state of: West Virginia

    I started having problems with a supervisor who was harassing me in the workplace after I filed complaints and abuse of authority issues. I am 100% disabled veteran and the supervisor only harassed the veterans in a federal workplace. The supervisor was not a veteran. I filed complaints with their supervisor, the Union, and even the Director and nothing was ever done to resolve the conflict. I eventually filed for a personal safety order but it was denied. I informed management that I filed for the PSO and I was immediately placed on admin leave until further notice. I was fired 3 months later.

    Nine months after I was terminated, the supervisor filed a personal safety order against me with the same judge and he granted it. I had never seen nor heard from the supervisor in that time frame. The PSO was based on them saying I never did my work, and the supervisor was fearful for their safety. They went on to say that the police escorts them to and from their vehicle, installed a peep hole in their office door, and they must work behind a locked door at all times and can't leave the office and they get escorted to their vehicle after work.

    I showed the judge all the complaints and paperwork I had from every incident involving harassment before I was fired over what the supervisor said about me. I never said or did anything to this person nor did I ever raise my voice. I'm a soft spoken person and would give anyone the shirt off my back so this PSO was nothing more than continued harassment and the supervisor trying to portray themselves as the victim.

    I was reinstated with 2 years of back pay and all benefits restored after I took my termination to court and a real judge seen what was going on. After I returned to work, the supervisor is trying to continue the harassment.

    Can I file a lawsuit for false allegations, defamation, libel, malicious persecution, emotional distress, loss of enjoyment of life, etc.?

    I would greatly appreciate any advice on how I should proceed with a lawsuit.

    thank you,

  2. #2
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    Default Re: Can You Sue a Former Supervisor for Making False Allegations About You

    Broadly speaking, allegations made in documents filed with a court in association with litigation are privileged, and cannot be used to support a defamation lawsuit. Also, you suggest that you were fired roughly two years ago with the former supervisor seeking the PPO nine months later -- which raises an issue, given that the statute of limitations in your state for defamation claims is one year. Finally, as the supervisor still apparently works for your employer, suing a co-worker may create a new set of issues for you at work.

    I understand that this has been a stressful time for you. Given the potential statute of limitations issue, I suggest seeking a consultation with a lawyer in your state sooner, not later, as you would want to make any legal claim in a timely manner.

    Given that you are still having problems at work, it may make sense for you to discuss this history with an employment lawyer. if you were reinstated following litigation with your own employment lawyer, you can seek a reality check on any defamation claim and the statute of limitations from that lawyer.

  3. #3
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    Oct 2006
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    Default Re: Can You Sue a Former Supervisor for Making False Allegations About You

    Quote Quoting Mr. Knowitall
    View Post
    Broadly speaking, allegations made in documents filed with a court in association with litigation are privileged, and cannot be used to support a defamation lawsuit. Also, you suggest that you were fired roughly two years ago with the former supervisor seeking the PPO nine months later -- which raises an issue, given that the statute of limitations in your state for defamation claims is one year. Finally, as the supervisor still apparently works for your employer, suing a co-worker may create a new set of issues for you at work.

    I understand that this has been a stressful time for you. Given the potential statute of limitations issue, I suggest seeking a consultation with a lawyer in your state sooner, not later, as you would want to make any legal claim in a timely manner.

    Given that you are still having problems at work, it may make sense for you to discuss this history with an employment lawyer. if you were reinstated following litigation with your own employment lawyer, you can seek a reality check on any defamation claim and the statute of limitations from that lawyer.
    I agree with this and will add...is HR aware that the harassment is still continuing? I cannot imagine that after they have already lost one lawsuit due to the harasser's behavior that they would be happy knowing that it was still going on.

  4. #4
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    Dec 2017
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    Default Re: Can You Sue a Former Supervisor for Making False Allegations About You

    They know it's still going on. I was advised by HR that "we" are starting again on a clean slate and I'm not supposed to talk to any co-workers about what happened.

    The appeal I won was pro se through the MSPB against the Federal Gov. The new one I was considering filing would only be against the former supervisor as an individual based on personal injury.

    I know that libel and slander was only one year but personal injury is two years. My co-workers and other supervisors who also knew what really happened are more than happy to testify on my behalf.

  5. #5
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    Default Re: Can You Sue a Former Supervisor for Making False Allegations About You

    If your claimed injuries result from the false statements, then it's a defamation case. You can't recharacterize a defamation case as a personal injury case in order to try to get a longer statute of limitations.

  6. #6
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    Dec 2017
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    Default Re: Can You Sue a Former Supervisor for Making False Allegations About You

    ah ok, I see. I didn't think of it in that way. thank you

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