Visitor Question

Employee sending harmful emails…

Submitted By: Teresa (Phoenix, AZ)

A fellow employee has been proven to be acting in an unprofessional manner towards me in an internal HR investigation.

She is now writing emails to outside parties claiming that I have a mental illness, that I would cause her personal property damage (key her car), and that our mutual boss has romantic feelings for me, which is why he keeps siding with me.

These outside persons work in my industry, and I have to interact with them outside of my job. Do I have a defamation per se case? What can I do about this person harming my career? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Teresa,

You present some interesting facts. To have the basis of a legitimate and potentially successful defamation claim, you will have to prove the defamatory statements were actually communicated to one or more third parties.

Doing so will require proof in the form of a copy of the libelous email, and any other documents which will prove defamatory statements against you were made. The next step will be to prove those defamatory staments caused you an injury or loss. Proving that will require you to show how such statements affected your ability to earn a living.

In other words, you will have to prove a form injury which will result in present or future loss of income, whether through a decrease in your present pay, termination of employment, or inability to successfully obtain future employment.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 12, 2014

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