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  1. #1
    Join Date
    Apr 2005

    Default Suing an Employee Over a False Discrimination Claim

    I have an interesting situation that has developed at my workplace. An employee of mine was recently given a poor performance review by one of my managers. This employee has had a spotty record of performance for some time. There is alot to this story. Basically, the employee has accused me and the company of discrimination in the workplace mainly under ADEA against workers over 40 years old creating a hostile work environment, intimidation, harassment, the whole nine yards. In reading the lengthy memo he wrote to senior management, he accuses me of discriminatory practices, including quoting me as making derogatory statements about senior employees and a desire to get rid of these employees. There is considerable fabrication, distortion of facts, in his memo.

    Most concerning is that he sent this document to key executives in the company, many of whom do not know me or the situation.

    Depending on how our company chooses to address this matter, in court or out of court, I feel that my reputation will have been damaged and it will impact my future opportunities at this company.

    As such, I would like an opinion on my rights to sue this individual for libel/defamation of my character. I believe that he has done irreparable harm to my reputation and I am not prepared to just sit back and do nothing.

    Do I have grounds for a lawsuit against this individual?

  2. #2
    Join Date
    Mar 2005

    Default Defamation at Work

    Possibly - but you need to be cautious in your response, both because acting prematurely might affect the outcome of the company's investigation, and it might displease your employer. If your company has a legal department, and you are comfortable discussing your inclinations with them, you can probably get a definitive answer on how your company would react to any such litigation.

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