QUESTION

Can I bring suit against my employer for deformation of character and my employer not abiding by the contract?

Asked on Jan 29th, 2013 on Labor and Employment - Nevada
More details to this question:
In 2010 I was falsely accused of child abuse by another employee at our place of business. I was off work for over 1 year without compensation, spent a night in jail, and had a jury trial. I was found innocent and my records were supposedly sealed. They did not pay me for the time they had me off work and we are suffering still today for that lack of income. In 2011/12 I was at a place of employment that tried to use this against me. The reason I am bringing this to light now is because we could not find a lawyer that would take the case (if there is a case) nor would anyone suggest someone. I have been looking since then. If there is anyone that thinks this might be a case please contact me.
Report Abuse

1 ANSWER

R. Christopher Reade
You have asked about two different claims (1) defamation and (2) breach of contract.  As to defamation, you have not set forth any facts that show that your employer committed defamation against you.  An action for defamation requires the plaintiff to prove four elements: “(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.” Pope v. Motel 6, 121 Nev. 307, 114 P.3d 277 (2005); K-Mart Corporation v. Washington, 109 Nev. 1180, 866 P.2d 274 (1993).  You have not indicated that your employer made any false publications as against you. In regards to breach of contract, if you have an actual employment contract which your employer has violated, you may have a claim under that contract.  Be aware that Nevada is an at will employment state.  Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002).  Therefore make sure that you have an actual contract which has been violated.
Answered on Jan 30th, 2013 at 3:57 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters