The wife has a question about what is slander, and what is liabel with regard to what she can say about her employer if she decides to quit her job, and a fellow employee asks her why. She suspects that another employee is getting preferential treatment with regard to pay raises because the boss and the other employee are "of the same race". My wife also believes her boss manufactured issues on her performance review in order to justify not giving the full pay raise to my wife. So, she is thinking about looking elsewhere for employment, but she knows she will get asked why by all her friends in the company.

Tell it how it is. Maybe the boss is simply one of those "activists".

http://en.wikipedia.org/wiki/Slander

fsquid Wrote:Tell it how it is. Maybe the boss is simply one of those "activists".

I told her, you can never get in trouble if you speak the truth, but she does have a point. She can't PROVE that the boss manufactured issues.

http://en.wikipedia.org/wiki/Slander

The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel[4][5] (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action.

"Defamation" is the general term used internationally, and is used in this article where it is not necessary to distinguish between "slander" and "libel". Libel and slander both require publication.[6] The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, blogging and the like, then it is considered libel.


I am not an attourney but from what I understand, if it is true you cannot be punished for it legally, but you can always be blackballed within a company for it. Uness she is planning on leaving the company altogether she may want to take a different approach to the situation.

A better route to go may be to contact the BBB and make them aware of what is going on since if it is happening to her, it is probably also happening to others. If she feels this is race based, discrimination would be a better way to go. As far as bad mouthing her boss to a prospective employer, that is never a good idea in any situation.

I would say something to someone within the company first (HR or Upper management).

If nothing gets done
A. File a complaint with the state.

B. If they punish her or fire her, you need to sue them.

I've faced racism in the workplace. It isn't a fun thing.

OneShiningMoment Wrote:http://en.wikipedia.org/wiki/Slander

I'm not an attorney, so I don't feel comfortable interpreting that. For instance, is her performance review legally private? I wouldn't think that it would fall into the intent of the invasion of privacy laws.

tigerstothehouse Wrote:A better route to go may be to contact the BBB and make them aware of what is going on since if it is happening to her, it is probably also happening to others.

I think the EEOC would be more appropriate agency to contact for this situation.

OneShiningMoment Wrote:

tigerstothehouse Wrote:A better route to go may be to contact the BBB and make them aware of what is going on since if it is happening to her, it is probably also happening to others.

I think the EEOC would be more appropriate agency to contact for this situation.

We aren't going to be going to any government agencies. My wife is white, her employer black, and it's not that big of a deal. She just wants to know what she can and can't say to her fellow employees if they ask why she is quitting. That is, IF she decides to quit. I told her that she couldn't say "she manufactured deficiencies on my performance review in order to justify not giving me my full 2.5% raise". But she COULD say "It seamed to me as if she manufactured deficiencies on my performance review in order to justify not giving me my full 2.5% raise".

I've always thought that statements were considered libelous (or slanderous) only if they are NOT true and they cause some kind of defamation or hurt the image and perception of the company in question (and thus profits, if it's a for-profit organization). I've also always thought that you can't be sued for either libel or slander if it's TRUE (which is how rags like National Enquirer et al get out of so many lawsuits - they have actual photographs or eyewitnesses or whatever). But proving that it is true could be difficult. Your wife would have to have irrefutable proof of her claims, and it sounds like (from what you've said) that she doesn't. Sounds like all she has is suspicions. If she's not the only employee treated that way (and it can be PROVEN) then a class action suit against the organization would have much greater impact.

Personally, I wouldn't badmouth the company to fellow employees after I quit. I think it's sufficient to say that it was time to move on, or the job no longer challenged me, or something innocuous. Unless she suspects that other employees have similar complaints against the company and wants to move toward a class action suit, then badmouthing only makes HER look bad. Any new prospective employers could be told the same thing - it was time to move on because the job no longer challenged her. Employers like to hear that kind of thing. :) If she badmouths her previous employer to a prospective new employer, that most likely puts them off right away, and that's not good. Without any solid proof, it's just her word against theirs, and no new employer is going to take a chance on a disgruntled employee who doesn't mind telling everyone she meets what a lousy outfit she just quit.

No, I'm not an attorney, nor do I play one on tv. This is just based on my general understanding of the subject, for what it's worth.

A performance review score shouldn't come as a prize. There should be documented examples of projects throughout the year where she demonstrated capability or failed to demonstrate capability.

What issues did her manager manufacture? Can she build a case that disproves that she performed poorly - praise/recognition at points during the project.

What has her past performance been? Does she have any letters or warnings in her file?

She can always say nothing or say that she needed a change.

TigerTwice Wrote:A performance review score shouldn't come as a prize. There should be documented examples of projects throughout the year where she demonstrated capability or failed to demonstrate capability.

What issues did her manager manufacture? Can she build a case that disproves that she performed poorly - praise/recognition at points during the project.

What has her past performance been? Does she have any letters or warnings in her file?

She can always say nothing or say that she needed a change.

She's a Physical therapist. She is loved everywhere she goes. This is the first time I can remember her EVER having a problem with her department director. She's been doing this for 20 years.
The one point I remember her saying was that her boss told everyone to start taking their lab coats home every night instead of leaving them on the rack at work. She told everybody that they should be doing this last Thursday. So, my wife has been bring it home every night. This Thursday was her performance review. She was sighted for not taking her lab coat home over the past year??????? She was just told to do it for the first time a week ago???? I mean, a lab coat? How sophomoric. She was also sighted for "communication issues", meaning she and the director don't communicate very well. What is more accurate is, My wife's director is a head case. She comes in late, like 9:30-11:00am, and then leaves more than half the time around 3:00pm, says she'll be back to talk about what ever the issue of the day is, but she's got to "run an errand", and then never comes back for the rest of the day. Then call in sick the next day.

She could say, "i felt i wasn't treated fairly over there." It sounds like that's accurate, and it's succinct on top of it.

geosnooker2000 Wrote:

fsquid Wrote:Tell it how it is. Maybe the boss is simply one of those "activists".

I told her, you can never get in trouble if you speak the truth, but she does have a point. She can't PROVE that the boss manufactured issues.

not true....yes, you can

Sounds like if she doesn't quit, she needs to try to befriend this woman and try to cover for her and everything run smoothly and she will probably be amply rewarded. The old one hand washes the other thing...Theres a lot of times I have worked with/under people I might not of liked...or got along with...but I always felt it was my job to make them look as good as possible, and to my surprise, I have usually been treated better than I expected.

Maybe not what you want to hear...just one opinion..based on my years in the workplace.

I wouldn't create a big stink if she does quit..it's just not worth it...I would just tell others I wasn't happy there and was ready to move on. I would also try to find my new job before I quit.

I know virtually nothing about law..but sometimes it is not a good idea, from a practical stadpoint, to tell your side of the story. If she is in the right, and knows she is...just move on...

Sorry I'm not an attorney..(Not really..lol)

Conflict in the workplace, especially with a boss, can be hard to take.

I have been there, and must say that prayer was the best answer I found. It is hard to pray for a person who you think is mistreating you, but until I did that, I had no peace with the situation. After much prayer, I finally came to terms with accepting the situation, but then my boss got a different assignment, so my prayer was answered that way too.

That situation did lead me to look for an opportunity to begin my own business, thus getting out of the employee role.

I don't think that your wife should try to explain the situation to her friends and fellow employees. That will only hurt her within the present company, and could follow her as a bad rep if she goes looking for another job.

If severe enough, EEOC action is the right step. I am aware of a woman who sued for sexual harassment locally and was awarded millions in compensation, so if provable, she could go that far.

PS - not an attorney, just a guy.

I know it's tempting to want to tell your co-workers what happened, but usually, I think, the less said, the better. These things have a way of boomeranging on you and getting twisted by too many mouths, and if it is a generic problem, your co-workers know what is going on anyway.

I have a friend who is one of the best lawyers in Memphis and I have noticed that he always keeps him mouth shut about both personal and business matters. Unless your wife feels it's really an actionable offense, in which case she needs to seek private legal counsel or the EEOC, then my advice would be to just tell the co-workers it was time to move on or that she felt she wasn't treated fairly, and let it go at that. She does not owe them an explanation. Her record of service will speak for itself. She can do her venting to you and close family members and a licensed counselor without recrimination. Good luck!
And remember, it's a very tight job market these days. I have a friend who has been looking for work for months and months.

The last thing your wife wants to do is to tell everyone why she's leaving. If she's having issues with a superior, and discretely talking with someone in HR or her supervisor's supervisor, if there is one, doesn't lead to a satisfactory outcome, then she should quietly look for another job. If her friends ask her why, all she needs to say is that she needed a change (unless they're have them over for dinner type friends who she can trust not to tell the world whatever she says).

She isn't going to be sued for defamation for telling everybody that she thinks that issues were manufactured for her performance review. But that doesn't mean its a good idea to burn her bridges like that.

If her supervisor is as incompetent as described, it will eventually catch up with her. The best thing to do is just quietly move on.

geosnooker2000 Wrote:[quote=TigerTwice]
She's a Physical therapist. She is loved everywhere she goes. This is the first time I can remember her EVER having a problem with her department director. She's been doing this for 20 years.
The one point I remember her saying was that her boss told everyone to start taking their lab coats home every night instead of leaving them on the rack at work. She told everybody that they should be doing this last Thursday. So, my wife has been bring it home every night. This Thursday was her performance review. She was sighted for not taking her lab coat home over the past year??????? She was just told to do it for the first time a week ago???? I mean, a lab coat? How sophomoric. She was also sighted for "communication issues", meaning she and the director don't communicate very well. What is more accurate is, My wife's director is a head case. She comes in late, like 9:30-11:00am, and then leaves more than half the time around 3:00pm, says she'll be back to talk about what ever the issue of the day is, but she's got to "run an errand", and then never comes back for the rest of the day. Then call in sick the next day.

wrong race...your wife is done there...get away as soon as possible..there is nothing she can do but leave. (IMO)

oto, if you were not european american.........

gravy train

OK, nevermind everybody. We just found out thru the grapevine that my wife's department director didn't get a raise AT ALL. Reason? Poor Comunication skills. Go figure.