QUESTION

Falsely accused & cleared of sexual harassment in the workplace, can I now file charges of slander, defamation of character, etc. against my accuser ?

Asked on Aug 16th, 2012 on Civil Litigation - Virginia
More details to this question:
Thank you so much for reading! My husband is a Federal government, law enforcement employee, in a prison setting. He does not work for the prison, he was assigned there by the government. A female, who is a contracted employee in the prison but employed by an outside contractor, falsely accused my husband of sexual harassment. He was removed from his job "for his protection" by the government and had to commute 2 hours daily for 4 mos to work at another facility. No criminal charges were ever filed against him nor disciplinary action taken. Of course this caused us great strain in our marriage though I knew my husband was not capable of what he was accused of. An internal government investigation was conducted, the allegations were deemed false and my husband was reinstated to his job. What legal recourse do we have against his accuser who suffered no reprimand / repercussions and we have learned has done this previously! Please point us in the right direction, thank you so much.
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1 ANSWER

Construction Law Attorney serving Virginia Beach, VA at Wolcott Rivers Gates, Attorneys at Law
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You should contact a local lawyer to get advice about your husband bringing a defamation case against the coworker. In general, if a person says something untrue about you to someone else, without a reasonable belief that what they said is true, and the thing they said is a negative thing about you, you may be able to bring a claim for defamation.  I assume from your question you believe the coworker falsely, and with knowledge that it was false, told a superior that your husband did something towards her that was improper.   Issues you will want to discuss with the lawyer include what is the likelihood the coworker has sufficient income or assets to pay any judgment, and whether there is a possibility to recover punitive damages.
Answered on Aug 20th, 2012 at 10:30 AM

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