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  #1 (permalink)  
Old 12-01-2005, 05:09 AM
Junior Member
 
Join Date: Dec 2005
Posts: 1
Default Defamation? Wrongful Termination? Or Not? Please share opininons.

For the State Oregon

The following quote is from my “Notice Of Termination Of Employment” document given to me on June 10, 2005, the day of my “exit interview.”

“On June 3, 2005, Tanya Jewett, Barbara Brockmeyer, Aric Muhlestein and I (Rene Laatsch) met with you to discuss your violation of the Company’s Harassment Policy. During the interview, you agreed that you had made sexually explicit and offensive statements to a female co-worker . . . “

I feel at the very lest, my employer is guilty of defamtion per se. I also feel the facts I have to share supports my belief that my employer intentionally defamed me to justify my termination.

The following are my supportive facts in this regard:

The 6-3-05 date was actually the initial meeting date wherein these charges first came to my attention. I had no previous meetings with managment or HR regarding these allegations.

I did not attend that initial meeting with the intent or stated purpose to “discuss” or agree to my being guilty of anything.

Since I could not recall exactly, I allowed that I made some statements that “seemed familiar” to the allegations shared by the accuser. However, I never agreed that the quotes attributed to me are what I said verbatim, or that any statement of mine was “sexually explicit,” or even intended as such.

On 6-06-05, the above-mentioned individuals received an email from me containing a document detailing the context & circumstances regarding each of the 3 allegations. In that document, no less than eight times, I directly denied, or concluded, I did not violate the company’s sexual harassment policy.

Even using my accuser’s charges verbatim, I can implicitly prove that not one of three statements attributed to me are “sexually explicit.”

I never agreed I violated the company’s harassment policy in that meeting.


I conclude my grievance meets that legal standard of defamation because of the following:

The stated intent and purpose for the meeting date in the termination notice is FALSE.
The statement that I agreed I was guilty is FALSE.
The statement that I agreed my comments were sexually explicit is FALSE.

Last edited by adastra7 : 12-02-2005 at 03:40 AM.
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  #2 (permalink)  
Old 12-02-2005, 11:01 AM
Senior Member
 
Join Date: Jun 2005
Posts: 456
Default

Tough case.

For defamation you will need to prove:

1) statement was made or communicated
2) statement was published
3) statement caused you to suffer damages.

You don't have a case for defamation per se as statements falling under this category historically have dealt with loathsome disease, a woman's immoral impurity etc.

So you will need to show that this letter written to you was shown to other people or sent to other people rather than just your HR etc. and that when they showed this letter to other people that know your reputation is ruined.

Feel free to read this: http://www.open-oregon.com/New_Pages...hapter_12.html
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