QUESTION

What can be done about a manager falsley claiming that I had a history of violence at my job?

Asked on Nov 05th, 2012 on Business Law - Colorado
More details to this question:
Manager told me that I had to go to EAP program due to a "6 year history of violence in the workplace." No witnesses or record in my file.
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2 ANSWERS

Construction Law Attorney serving Greenwood Village, CO at Cyrus Rajabi, Attorney at Law
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Based on your question, you may have a case for defamation, though in light of today's efforts to avoid violence in the workplace it may be an uphill battle depending on the factual context.  You could potentially recover damages or obtain injunctive relief to prevent the manager from making false statements about you. In Colorado, the elements of a cause of action for defamation are: (1) a defamatory statement concerning another; (2) published to a third party; (3) with fault amounting to at least negligence on the part of the publisher; and (4) either actionability of the statement irrespective of special damages or the existence of special damages to the plaintiff caused by the publication. As a threshold matter, there can be no claim for defamation if the statement complained of isnot defamatory. It is for the court to determine in the first instance whether a statement is reasonably capable of bearing a defamatory meaning.  You may have some issues here since the manager may be relying on information from other sources or on information based on the manager's own observations. With regard to the second element, the manager must have "published" the defamatory statement to a third party.  It's unclear if the statements were made solely to you or to others, as well. There are other aspects that will be significant in determining if you have a claim, including whether the manager made the statement as an opinion or as a statement of fact. Statements of fact are not protected speech under the First Amendment to the United States Constitution. Statements that do not convey factual assertions, namely opinions, however, may be afforded constitutional protection.   In any event, an attorney would need to know more to evaluate whether you have any potential claims.   You may want to enter into a conversation with the manager to see what behavior may have given the manager the impression that you are violent (correctly or incorrectly) and determine if it is a matter of perspective or whether you may, in fact, potentially benefit from the recommended program.  The programs are usually not overly burdensome and may be beneficial regardless of the truth or falsity of the underlying reasons for referral, not to mention that participating in the program gives management the impression that you are a member of team and perhaps a good long term fit with the company in light of your willingness to participate. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi  
Answered on Nov 19th, 2012 at 3:37 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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You cannot do anything about it except quit your job.
Answered on Nov 06th, 2012 at 11:30 AM

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