Legal Question in Employment Law in Utah
Defamation of Character
I am a manager for a credit card company, and work in a call center. I was recently taken into human resources and accused of daterape. After an investigation was completed I was cleared of the allegation. During the investigation I called a colleague who I assumed had made the complaint. I asked her ''where are you going with this hr thing, If you insist on pursuing it further, I may need to file a counter complaint, please call me so we can talk about this thing''. Today I was placed on an indefinite job in jeopardy, and recieved a demotion in my salary. I was also moved to another department, and have been deeply embarrassed. My message was percieved as a threat, although, I did not say ''I will press a complaint''. Am I being discriminated against for attempting to defend myself against defamation of character?
1 Answer from Attorneys
Re: Defamation of Character
It was unwise to have made the call to the other employee. You are not being discriminated against for attempting to defend yourself against defamation. You are being sanctioned because you made a phone call which was perceived as threatening. As a manager you are expected to demonstrate a higher standard of personal conduct and discretion. The phone call was inappropriate. Here are some reasons why: (1) you "assumed" that the person you called was responsible for the complaint - you did not know for certain and the company did not want you to know; (2) Your call had nothing to do with your defense, it was a threat that you would or may file a complaint; (3) you were using company resources to expand an issue which apparently occurred outside of employment; (4) the call expressed some belligerence which could be inferred as retaliatory - something management cannot express.
If you take the above as constructive criticism, go to your superiors and apologize for the call and accept responsibility for your poor judgment. Ask for another chance when an opening arises again. In the meantime, work hard and show you deserve another chance.