Legal Question in Employment Law in New York
What constitutes slander in NY state?
2 years ago, I made a major mistake at my workplace. My supervisor verbally admonished me at the time and it was a part of my review for that year. Last year, under the same supervisor, there was no mention of it made in my review. In addition to the yearly review process at my workplace, there is a system by which employees can be written up, and have these placed in their records. I wasn't formally written up. I have since left that department and have worked for 3 other departments due to a reorganization. The supervisor referred to above has made a point of telling my new supervisors ''to watch me closely,'' ''monitor my work,'' and has requested that I not work on, and in fact has had me removed from, projects that her group has responsibility for overseeing. My reviews are available to be read by any supervisor. Do I have legal recourse to stop her from this behavior?
3 Answers from Attorneys
Re: What constitutes slander in NY state?
If her allegations and statements are true, it is not slander.
That said, it could be harassment, especially if it is happening because of a sexual, ethinic or racial bias on the part of the supervisor.
You should seek the help of a qualified employment law attorney in your area. You might have a case under the NY Executive law.
Good Luck.
Re: What constitutes slander in NY state?
This does not constitute slander. There is something called the common interest privilege that applies to the situation you describe, and most workplace situations where the words spoken are evaluations of performance.
If someone actually accused you of a crime you did not commit, for instance, in order to prevail over the privilege you would need to prove
it was said with knowledge of its falsity.
Re: What constitutes slander in NY state?
This is a complicated issue. Contact me at 1(800)WE-FIGHT so that we can discuss this in more detail. Thank you for your inquiry.
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