Legal Question in Employment Law in Florida

Co-Worker Slander

Hi. I have FMLA and able to use it a few times a month. Every time I miss work I hear back from other co-workers a certain co-worker has bad mouthed me. It has gotten pretty bad, he has basically ruined my rep. I have witnesses who have seen him write bad comments next to my name on the ''call-in'' board we have. He has made verbal comments to many people about me. I have very nicely talked to him about it once. He keeps at it again and again. I'm getting tired of it and really want to put a scare in him. Without taking him to court right away what can I do legally, to show him I mean business? I assume this isn't an HR issue?

I'm not the only one he does this to and our manager knows what is going on but nothing has happened. In my case, again, my rep has been really tarnished because of him. I do appreciate any advice.


Asked on 9/08/06, 2:14 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Co-Worker Slander

You seem to be in a difficult situation, but whether your co-worker's actions are "illegal" is very difficult question. Your employer is responsible for providing you with the right to take FMLA leave and return from that leave to your same position or a comparable position with comparable pay and benefits, so if this co-worker is being unpleasant and rude, you should formalize your complaints in writing to Human Resources, as its unclear what specifically he is saying or doing and fortunately, your employer has not retaliated against you because of your leave. Please also, of course, consult with an attorney directly in your area with more particulars.

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Answered on 9/08/06, 11:27 am


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