i work for a natural gas utility co. myself & 2 other coworkers were questioned @ the end of our shift seperately about some cat calls & whistles made to a girl who had walked by us. we admitted to being there and we all saw her. one of the co workers admitted to saying hi to her. no one else had said a thing. we were all asked to describe her, i said she was full figured and wearing tight jeans. the girl accused the person coming out of the van was the one cat calling and whistling to her. well i was the one driving the van. when our human resources became involved they accused me & ultimately found me guilty. they said i had rolled down the window while driving by and whistled & said hey baby nice ass. this all stems from an email that was sent in by her father who works for the company. why did they punish me for something i didnt do? they suspended me for the alleged incident for 5 days during the christmas holiday. i have union representation which ultimately lead to greivances and arbitration. through the process human resources story kept changing. they couldnt remember at times why they suspended me. first they said i rolled down the window and said something. then i said something when i got out of the van. well we went to arbitration and the company lost they had no proof, no witness, just lies they have been fabricating. they said they were suspicious of me because i was able to describe her so they suspended me for sexual harrasment. not true. the arbitrator ruled in my favor, they are to pay me all time lost, which i am still waitng for the rest of my money. now that i have proof that they falsely accused me and labeled me as a sexuall harasser, did they indeed defame my character or or a case of libel.
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defamation of character or libel
- Thread Starter vmac
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It is possible that you have a case for both libel (defamation of character that is written) and slander (defamation of character that is oral.) The question is whether this case is worth that effort. This is because you need to ask what are your actual damages in monetary value - $500? $5,000? $7,500? That's not enough to try a case since they are not easy and will require witness testimony too including all the paperwork necessary to subpoena witnesses, prepare yours, court time, etc.
The real questions are (a) how much have you been impacted that they didn't pay for? (b) what damages will continue after winning your case? Now let's say that the entire neighborhood heard you are a sexual harasser and your wife left you until you won your case - an example. That might be something more substantial. What if it's impossible to work at the company as a result of this case?
The only answer is to see an employment lawyer. cbg might have more to say on this but your case might be a contingency case, where an attorney would only charge you money if you win your case or it is settled. Your case is different because you've already won in arbitration. There is also the issue of reviewing what you can and may not be able to sue for. Think about whether you want to go this route or whether the arbitration win is enough for them to be put in their place and be forced to live with it. If they fire you there is always the question of retaliation that they will need to deal with. Not an easy answer but this is the best way to know what are your rights.
The real questions are (a) how much have you been impacted that they didn't pay for? (b) what damages will continue after winning your case? Now let's say that the entire neighborhood heard you are a sexual harasser and your wife left you until you won your case - an example. That might be something more substantial. What if it's impossible to work at the company as a result of this case?
The only answer is to see an employment lawyer. cbg might have more to say on this but your case might be a contingency case, where an attorney would only charge you money if you win your case or it is settled. Your case is different because you've already won in arbitration. There is also the issue of reviewing what you can and may not be able to sue for. Think about whether you want to go this route or whether the arbitration win is enough for them to be put in their place and be forced to live with it. If they fire you there is always the question of retaliation that they will need to deal with. Not an easy answer but this is the best way to know what are your rights.
cbg
Super Moderator
I don't really have much more to add. Based on what you've posted, I question whether the actual damages you have suffered that are not already being made whole, will be worth the cost of litigation. I'm also not certain that an internal company proceding will actually meet the definition of libel since it was not made public outside the company, and the company is a party in interest to such procedings, but thelawprofessor would know more about that than I would. Finally, if you litigate, it becomes a matter of public record, which means that MORE people will be made aware of the accusation against you than already are, many of whom will not care that you were cleared and assume that there simply was not enough evidence to find you guilty. Is that what you want?
But I agree that the only way to determine for sure whether you have a viable case is to discuss it with an employment attorney.
But I agree that the only way to determine for sure whether you have a viable case is to discuss it with an employment attorney.
Proserpina
Moderator
If I might add, NJ does recognize defamation per se, where actual damages do not have to be proven since it is presumed that damage has occurred simply because of the nature of the offending statements.
cbg
Super Moderator
Thanks, Pro.
However, the rest of my statement still stands. It is questionable whether or not the definition of publication has been met, and there's still the issue of, even if all the elements of defamation are met, whether it's really in the best interests of the OP to pursue it.
However, the rest of my statement still stands. It is questionable whether or not the definition of publication has been met, and there's still the issue of, even if all the elements of defamation are met, whether it's really in the best interests of the OP to pursue it.
Proserpina
Moderator
I agree wholeheartedly.
OP has mentioned that he's union. I'm wondering what they've done about it. I will also say that I do not believe OP has recourse against the union if they haven't done what he wanted.
mightymoose
Moderator
Just curious... was the woman in this case an employee? It sounds like her father was an employee but not her. If so, this was never a sexual harassment case to begin with.
no she wasnt an employee. just her father whom i never met. thats why this is so bizarre. its all heresay and i paid for it. karma got the father in the end. he was fired for sexuall harrassment. i am lost i just want to make so this company does not do this again to any employee. they can make stuff up, suspend you and then you have to fight for your money back. if this isnt some kind of harrassment then i dont know what it is.
cbg
Super Moderator
Quite honestly, there is nothing you can do to "stop the company from doing this to other people". I realize that this was a very painful experience for you but the fact of the matter is, the company is obligated by law to take complaints of complaints of sexual harassment very seriously. They could be in serious legal trouble if they did not. Sometimes in their efforts to take their obligations seriously, they go overboard. That may have been the case here, but it's not likely that a court will order them to do differently.
mightymoose
Moderator
This clearly was never a case of sexual harrassment to begin with.
You should certainly sit down with a local attorney who can sort through the details with you.
You should certainly sit down with a local attorney who can sort through the details with you.
Perhaps - but if the damages aren't there no attorney wants to have a slam dunk for $500 at best (just making up a number.)
It certainly shouldn't hurt. I'm guessing that someone will be willing to hear your case and can tell you this from personal experience (I'm licensed in NY and NJ) but before you do, make sure you have everything together in your own mind. What are your damages? How much do you think they are? Think of all the problems you've had to deal with and will as a result -- and it seems like there could be something going on here due to who the accuser is in relation to your company. In many employment cases such as yours (discrimination related), attorneys will take them on a contingency bases and without a cost to you (paid out of the proceeds of a winning case.)
I should have been clearer - like discrimination cases, it is possible that you might have a contingency fee relationship. My skepticism here was solely because there doesn't seem to be any discrimination claim, which usually carries much harsher penalties. As a result, it's questionable whether an attorney will think your case is worth the effort to prosecute.
The New Jersey State Bar Association or you can click on our case review link which may provide results as well. My gut feeling tells me that this is a questionable call and that, IMHO, many would probably decline the case. Think about the dollars and sense here - while you want justice, if someone is working for you they do need to be paid for the time so they can pay the mortgage and for food. It still doesn't mean that an attorney can't hear your case and discover something you aren't sharing with us - and that is why a private and full legal consultation is so important.
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