QUESTION
Can what my boss said to me be considered slander?
Asked on Nov 26th, 2014 on Labor and Employment - California
More details to this question:
I'm a manager of a convenience store. I've been with the company for 5 years. One day my territory manager came in for a visit. I had a customer asking me for a drink which I went to get for him. The customer had no idea who my territory manager was. The customer was grateful and was complimenting me to my boss. The customer and I were walking to the back of the store to get his drink and my boss says "Yeah she's good, when she's not smoking crack". The customer was very upset and asked me who that was and why he would talk to me like that. I let it go at the time, I was so upset. As I was walking back towards him he says "Oh you dropped something, it must be your crack pipe". I've had issues with him in the past and spoke to the boss above him. I'm planning on speaking with HR. I've worked so hard to win over these customers and I think that is inappropriate. We live in a very small community and I'm fearful what people are going to think of me. What should I do?
3 ANSWERS
Edwin K. Niles
Yes, slander.
Answered on Dec 01st, 2014 at 7:04 PM
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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What should you do? FIND ANOTHER JOB. To succeed in a Slander action, you have to PROVE losses. You would have to prove that you were refused work or refused contracts or your sales of your items went down because one person in the town overhead a stupid comment. The BEST revenge is to leave this company and tell HR when you leave they get to lose thou$ands training a newcomer because of the slanderous comments by the management.
Answered on Dec 01st, 2014 at 6:16 AM
Yes, what he said is actionable but not worth suing him for as your damages are small and difficult to show. First speak to him and demand that he write a note to the customer that it was only a very poor joke, which I assume the customer knows. Demand that he stop making such remarks as it hurts the company. Then speak to his boss telling him what the response was. His boss though may think it was just an obvious joke and you are being overly sensitive, so you need to point out all the other harmful things the guy has done. If that does not work, consider going another supervisor up. Then think about going to HR to see if they can institute some program to teach him how to behave.
Answered on Dec 01st, 2014 at 5:55 AM