QUESTION
Is there legal action I can take against a false complaint of harassment on my company time using company resources?
Asked on Aug 10th, 2020 on Civil Litigation - Ohio
More details to this question:
My husband had an affair 3 years ago. The woman he was involved with insists that my Facebook posts are targeted to her and that I am “stalking” her. We moved 30 miles away from her location 2 years ago. Last year she moved to our town. One mile from our new home. Just 4 weeks ago I was notified by my employer that someone filed a complaint that I was harassing/stalking on company time using company computer. My company did an investigation and concluded the accusations were false. She sent photo of a car like mine in a parking lot near her job and said the photo was taken on a certain date. I had proof of my location on the date she reported. While I knew I was innocent and my company also determined the accusations were false, reliving this nightmare is difficult not to mention embarrassing for me. I don’t want drawn out legal battle but I want her to stop making things up.
1 ANSWER
You can sue her for defamation and seek damages as well as an injunciton preventing her from making any future false accusations. Defamation cases are difficult to win, but suing her may bring er to recognize that she can face serious consequences for any repeat wrongdoing. Perhaps as in interim measure before you go to the expense and hassle of starting a lawsuit, you could have an attorney write her a letter warning her that she will be sued if she doesn't stop. If you do decide not to file a lawsuit now, you should know that defamation has a short stature of limitations, I don't know what it is in Ohio but, for example, in NY you would be barred if you tried to sue more than a year after the defamation.)
Answered on Aug 10th, 2020 at 3:37 PM