Legal Question in Employment Law in Florida

Slander?

I worked for a company and had some serious mental issues....suicidal tendencies etc...I am better now but the Vice President of the company has felt the need to tell many people about this...I no longer work for the company which is owned by Papa John(the pizza guy)


Asked on 10/03/07, 8:03 am

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: Slander?

You may have a case. Feel free to call our offices or e-mail me directly. I'll send you over a short questionnaire so I can determine how much you are entitled to recover.

-Danny Cevallos

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Answered on 10/03/07, 11:54 am

Re: Slander?

The most likely bases for a case are these:

1. Disability discrimination/disability retaliation under the Americans with Disabilities Act ("ADA"). If (a) his badmouthing you has interfered with your ability to get a job (e.g., through bad references), and (b) your condition qualifies as a disability under the ADA (it needs to be rather significant), and (c) his motivation for badmouthing you is because of your condition, this could very well violate the ADA. Possible stumbling block: if his motivation was your destructive or antisocial or disruptive behavior at work, the motivation might not be the disability itself, but your actions (a sort of arbitrary distinction, but a meaningul one). Also, many (most?) companies, in giving references, will give only "name, rank, and serial number" -- that is, they will confirm little more than the fact and dates of your working there. If this is their usual practice, and they deviated from it in your case, because of your condition, this could be sufficient evidence. To proceed, contact the Equal Employment Opportunity Commission. Visit www.eeoc.gov to learn more and find out their contact info. If you would like assistance in best presenting your case to the EEOC, contact me for more info.

* Related issue: did you suffer discrimination on the job because of your condition? Were you disciplined for it, or terminated for it?

2. Similar to the above (disability discrimination) in violation of your state laws against disability discrimination (as opposed to the EEOC, which covers federal laws). I am not versed with Pennsylvania's anti-discrimination laws. Consult a local atty.

1. Liable/slander. This depends on the contents of his communications. This is not an area of specialty for me, so I'll refrain from further comment.

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Answered on 10/03/07, 4:38 pm


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