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  1. #1
    Join Date
    Jun 2009
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    3

    Default Employee Files EEOC Complaint Containing Lies About Manager's Conduct

    My question involves defamation in the state of: Texas

    I work for privately owned Corporation and manage an employee that has filed an EEOC complaint against the company on grounds of discrimination. The affidavit provided to the EEOC includes my name as the person being accused of the discriminatory activities. The allegations are false and blatant lies. I realize these charges are alledged against the corporation, and the corporation will respond and manage the case. I need to know what my personal recourse is? Can I file a defamation suit against this person? I donot know what impact these false charges will have on my carrer at this company. My fear is that my opportunities for advancement could be jeopardized because of the false accusations brought against me.

  2. #2
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    Jun 2006
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    Massachusetts
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    Default Re: Employee Files EEOC Complaint Containing Lies About Manager's Conduct

    You can't sue for something that hasn't happened yet.

    IF as the direct result of these statements in your personal file, you eventually suffer some kind of adverse treatment AND you are prepared to show evidence that the individual in question knowingly and deliberately lied, as opposed to was honestly mistaken, misunderstood something, held an opinion different to your own, etc., THEN you may have legal recourse. But not at the present time.

  3. #3
    Join Date
    Aug 2007
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    3,835

    Default Re: Employee Files EEOC Complaint Containing Lies About Manager's Conduct

    Quote Quoting Textodd
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    My question involves defamation in the state of: Texas

    I work for privately owned Corporation and manage an employee that has filed an EEOC complaint against the company on grounds of discrimination. The affidavit provided to the EEOC includes my name as the person being accused of the discriminatory activities. The allegations are false and blatant lies. I realize these charges are alledged against the corporation, and the corporation will respond and manage the case. I need to know what my personal recourse is? Can I file a defamation suit against this person? I donot know what impact these false charges will have on my carrer at this company. My fear is that my opportunities for advancement could be jeopardized because of the false accusations brought against me.

    Do you have a copy of the EEOC complaint yourself to actually read what is said?

  4. #4
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    Mar 2009
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    Key West, FL
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    Default Re: Employee Files EEOC Complaint Containing Lies About Manager's Conduct

    You need to hire an attorney skilled in EEOC cases. You need to start building a defense.

  5. #5
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    Jun 2009
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    3

    Default Re: Employee Files EEOC Complaint Containing Lies About Manager's Conduct

    Yes, I have access to the EEOC complaint.

  6. #6
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    Aug 2007
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    Default Re: Employee Files EEOC Complaint Containing Lies About Manager's Conduct

    Quote Quoting Textodd
    View Post
    Yes, I have access to the EEOC complaint.

    If you believe it contains defamatory material, consult an attorney. State defamation laws are generally quite specific, although common law of other states may be similar.

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Employee Files EEOC Complaint Containing Lies About Manager's Conduct

    Defamation/libel law will do you NO good.

    Everything filed or said in a court or quasi legal forum is privileged. There is no cause of action there. I am pretty sure that EEOC complaints and the like are also equally privileged and have equal immunity.

    And defamation claims assume you WIN the underlying EEOC claim.

    You have bigger problems now and thinking about defamation claims is really premature if not completely stupid.

  8. #8
    Join Date
    Jun 2009
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    3

    Default Re: Employee Files EEOC Complaint Containing Lies About Manager's Conduct

    Thanks you for the feedback. This is an unbelievable situation at work. This employee is in the driver's seat. The employee continues to rally other employees to falsely claim discrimination, and as a result it is becoming disruptive to the organization. Does the affidavit that is filed with the EEOC contain the complete story as to the charges/complaints, or is it a process that attorneys can hold back damning evidence/witnesses (truthful or not) to spring on the employer in an EEOC court hearing?

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