Slander by co-worker

[stella]

Yesterday, my husband went to work where he is operation's chef. Throughout the course of the morning, line cooks kept telling him to watch his back and that another sous chef "had his balls". After chasing this rumor through three people, he found that a sous chef had been telling these guys that my husband is a cocaine addict. These guys also told him that they saw this sous chef sit down with the executive chef and the General Manager. My husband then discussed this with the GM who said that she was not part of the meeting, any meeting that went on was not his business, and that although she was not part of the meeting, this sous chef did tell the executive chef that my husband was high on cocaine at work and also that he works so many hours because he is waiting to pick up his cocaine. This seemed to have stemmed from my husband going home sick a few days ago. And yes, he does work a lot of hours, but it is so he can run his own store.

We are wondering how to handle this situation. This rumor will not help my husband get the raise and promotion that he wants. I suggested that he call the employee hotline and make sure that this is documented. Should he also get a lawyer to write a letter and demand a formal apology and retraction from the sous chef? Or can we write this letter ourselves? Should he also speak with his regional manager? Also, my husband is more than willing to take a drug test although I think that it is ridiculous that this guy can say anything and it is left to my husband to prove his innocence.

 

[Duranie]

I would have your husband complain to HR. Spreading a rumor that is defamatory in nature is probably against company policy.

A letter from an attorney is probably not a bad idea.

 

[calalily]

Defamation

What Are Defamation, Libel and Slander
What Defenses Are Available to People Accuse of Defamation?
Public Figures
Why Commencing a Defamation Action Is Not Always a Good Idea
It is not unusual for attorneys to receive inquiries about defamation actions from people who are in conflicts with neighbors or other members of their communities, and have become the subjects of vicious lies. The area of law most implicated by that type of conduct is "defamation of character", a cause of action which is generally defined to include "libel" and slander".
What Are Defamation, Libel and Slander?
Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.
Typically, the elements of a cause of action for defamation include:
A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.
Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.
Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:
Attacks on a person's professional character or standing;
Allegations that an unmarried person is unchaste;
Allegations that a person is infected with a sexually transmitted disease;
Allegations that the person has committed a crime of moral turpitude;
While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.

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