Legal Question in Employment Law in Louisiana
I was terminated from my job which was a At Will Employer. They told me that they had a statement saying that i violated company policy. I gave a statement saying that i did not violate company policy because I was not the one who violated the policy. When i asked for supporting documents or evidence support the such claim they replied that they had no evidence, only the statement. They then went on to tell me that this is a At Will company and you are still within your probation period. Was I wrongfully terminated or Defamed?
1 Answer from Attorneys
You don't have a claim for being fired, as Louisiana is an at-will employment state. As for defamation, if someone falsely accused you of a crime, or of some notorious thing, you may have a cause of action for that. Still, defamation actions are hard to prove and don't always come out to much. You will likely have a tough time finding an attorney to take that case, unless you have clear proof that someone seriously defamed you. Moreover, you have to prove that they "published" it, or that they said it to someone else (not you). If I tell you that you are a criminal, that's not defamation. If I tell your neighbor that you are a criminal, that's defamation. There are also some limited privileges, such as in situations where a person is giving a report during an investigation or where a person is in court or being deposed.
If you want to pursue some claim and can't find a lawyer to take it (a real possibility), you can sue in small claims court (justice of the peace court or city court, depending on what parish you are in) without a lawyer for up to $5,000. Still, my best advice, unless this has seriously affected your reputation and your life, drop it and move on. Good luck.
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