Legal Question in Civil Rights Law in Michigan

I am considering suing a former employer (Big Rock) for slander. At my last job, it was brought to my attention that the GM of Big Rock informed them to watch me because I had been fired for theft, which is completely untrue. I was fired because one of their long-time patrons put his hands on me, and I refused to sign paperwork dismissing the altercation. This happened earlier this year, around February. In hindsight, I now see that they were trying to cover their butts concerning unemployment, which I never filed (though I SHOULD have, since it took me almost 3 months to find another job). I believe that this was a main reason that I was fired from my last employment, because my attendance and performance records were pristine (the GM of Big Rock and the GM of my last employer were long time acquaintances). I found another job a week later, and THAT employer informed me that my offer for a position was put on hold because the girl I was to replace learned that I was, "fired for embezzlement and theft" from Big Rock. So these allegations have cost me 2 jobs thus far, and in the Bar business, being accused of theft is a serious thing.

My question is this: what kind of damages can I get, because I am weighing a cost/benefit ratio of whether or not to pursue this suit. Also, what do I have to prove to win? I have a few people that can state that this person made these comments, and will be willing to help.


Asked on 11/29/10, 4:12 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You will need to prove who said what, when and to whom. Hearsay is not enough, you will need credible witnesses that can state dates, places and content. Then you will need to show that the comments are either slander pro se, or you will have to prove damages. To prove damages, you must be able to prove that, but for the statements made, you would have gotten the jobs that you interviewed for. This means that the person who didn't hire you will have to testify that they would have hired you, but for the comments that were made, and that they reasonably believed. Since you were only out of work for 3 months, this is not a lot of damages, unless you can show slander per se.

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Answered on 12/05/10, 7:05 am


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