QUESTION
If a person makes a false statement about me to my employer that causes me to get a write up, even without any evidence, do I have a case?
Asked on Mar 06th, 2012 on Libel, Slander and Defamation - Nevada
More details to this question:
I am a field employee for a corporation and drive all day. Recently, a woman using the badging on the side of my car, called my employer to say that I had driven erratically, cut off several people, and then ran a red light. The intersection she said this occurred had just experienced a five car accident prior to our arrival and traffic was backed up and standing still. The intersection she claimed i ran the red light had been shut down by the police, and the police were manning the intersection, so, if i had run a red light they would have pulled me over. My manager told me they take these unfounded complaints seriously and I am going to be written up on the word of a stranger. i have over 5 years and 100,000 miles of driving with this company with 0 complaints, tickets, or accidents. the write up will keep me from getting a raise. Can I sue this person, the company, or both?
1 ANSWER
R. Christopher Reade
To answer your question, yes you can sue the woman who reported you. However you will most likely not win. An action for defamation requires a person to prove four things under Nevada law: (1) a false and defamatory statement; (2) an unprivileged publication to a third person; (3) fault, amounting to at least negligence; and (4) actual or presumed damages. However, if the defamatory communication imputes a “person's lack of fitness for trade, business, or profession,” or tends to injure the plaintiff in his or her business, it is deemed defamation per se and damages are presumed.
You may have heard that truth is an absolute defense to defamation. The question then becomes how you would be able to prove that this person was lying about your driving. What motive would this total stranger have to want to publish a false statement about your driving? While intent has been diluted under defamation, a fact finder in determining the credibility is going to weigh what this person's motivation would be to lie about the incident (or lack thereof) versus your self-interest in preserving your job. This is not a strong defamation case.
Answered on Oct 16th, 2012 at 1:36 PM