Legal Question in Personal Injury in Tennessee
Defamation of Character
After 17 years of excellent service, I recently received a disciplinary action for a line-of-duty incident. The disciplinary action starts by talking about my ''unprofessional conduct''. I was also given a day off without pay. I am currently appealing the action to the civil service commission. I have been told that even if I prevail, the disciplinary action documentation will stay in my personnel file. I have no other disciplinary action in my file and have been rated exceptional in all categories for the last eight years. I have information that shows that the investigators recommended no disciplanary action, but someone told my supervisor to recommend the day off. Would this not be defamation of character?
1 Answer from Attorneys
Re: Defamation of Character
Arguably, the person who suggested the one day suspension might have defamed you. Technically, talking about punishments is not defaming your reputation, it is discussing a range of alternatives that a supervisor might select. So the elements of defamation might not be present. You lost a day's wages, so you suffered economic harm. If you sue that person for defamation, he will likely assert the defense that he has a Free Speech right to express his opinion, he did not defame you per se, and communications with a supervisor are privileged as reporting an incident to a responsible government official who can take action.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
