Legal Question in Employment Law in Arizona

when does someones opinion at work by your mamager and or co workesr cross the line to slander or harassment because I have had co workers drscribe me to a new employee to the point that the new employee will say your nothing like how you were described We do have a policy on harassment but our manager still says it just that persons opinion and I should get better at my job so they wont think that way about me.


Asked on 2/10/12, 4:21 am

1 Answer from Attorneys

Jeremy Claridge Byrne & Benesch

Remember Arizona is a right to work state so really, there is some incentive to get along even in a hostile work environment. As a side-note, I wouldn't lick your manager's boots, but a lot of these managers like to hear about all of the good things that they are doing. You can go a long way by siding with the right people and giving them positive affirmations so they think you are on your side. You only have two alternatives, one quit, or two, stick to a job that is only going to get worse because you aren't going to budge from your principles.

Now the legal side. Defamation of character is a cause of action because someone either slandered you or in writing said something not true about you. Unless there is some sort of damage, you don't really have a case. Suppose your manager told the district manager you were stealing. That is obvious slander. Your district manager calls you in and says, you're fired because you're stealing. Now you have economic loss because you wouldn't have been fired but for the lie told by your manager. It if was a stament by your manager that said, "I think this employee is dishonest." That is an opinion and not slander, although it could get you fired. There needs to be a lie and there needs to be damages. Truth is an affirmative defense.

I hope your work environment get better. Best of luck.

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Answered on 2/10/12, 7:17 am


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