What Is Considered Defamation

[TINYTRAX]

iI THOUGHT THAT THIS SITE WAS TO ANSWER QUESTION THAT SOMEONE MIGHT HAVE. BUT WHEN SOMEONE GIVES A RUDE ANSWER AND INSULTS PEOPLE WHEN THEY ARE ASKING A QUESTION THAT THEY WOULD LIKE TO KNOW THE ANSWER TO. IT IS UPSETTING. I DON'T KNOW YOU, NOR YOU ME. SO I WILL NOT INSULT YOU. I ASK WHAT I DID IN ERNEST BECAUSE OF THE THINGS GOING ON AT MY HUSBANDS JOB. AND I FEEL I WAS PATIENT. MY HUSBAND IS A GOOD PERSON. HE DOESN'T DESERVE WHAT WAS SAID ABOUT HIM. I JUST WANTED SOMEONE WHO KNOWS THE LAW TO HELP WITH THIS ISSUE BY TELLING ME WHAT DEFAMATION OF CHARACTER IS. I DIDN'T THINK THAT WAS A REASON TO BE INSULTED BY ANYONE. THE PERSON GOING BY JACKSGAL INSULTED MY FIRST BY ASKING "WHERE ARE YOU GETTING THIS FROM". PLUS MY FIRST POST WAS AROUND 8:30 PM ON THE EAST COAST. THIS IS A REAL PROBLEM. AND MY HUSBAND IS LOOKING FOR ANOTHER JOB AS IT IS. BUT IT SEEMS THAT MISTAKES MADE BY TEENAGERS ARE ALWAYS HELD AGAINST THEM.

 

[Scooterdog]

you have to show damages. YOu have a right to free speech and expression, such as calling someone an "asshole". One can sue, but chances are very small for recover, but about fifty/fifty for an injunction.

 

[cbg]

You posted at 8:30 at night and when you didn't have an answer by 10:45you think you were patient?

You don't seem to understand that this board is not manned 24 hours. It is manned by volunteers who have lives and families and other responsibilities and do this on their own time when they can fit it in. They do not owe you an immediate answer. Sometimes you might even have to wait till the next day for a response. Most of the responders do this while they are at work or else when they first get home.

I understand that this is a real problem and that you are upset. But demanding that the responders who are doing this for free drop everything and answer your question immediately is not going to help.

Now, to help get you an answer to your question, tell me specifically what damages your husband has suffered. Do the other employees believe the employer? Has he lost a job? Has he been demoted? Has his salary been reduced?

 

[jacksgal]

There was no defamamtion. OP's husband work has a drug policy. The employer felt that OP's husband was using drugs and sent him for drug test. Test came back negative how was he defamed? Since OP is on parole drug testing is not uncommon

 

[TINYTRAX]

There Is No Drug Policy Where My Husband Works. The Employer Did Not Send Him For The Drug Test. He Goes Every Month And Takes One As Part Of His Probation. He Has Never Been Charged With A Drug Charge Of Any Kind. He May Loose His Job. The Employer Is Still Giving Him A Hard Time. My Husband Is Looking For Another Job But So Far Nothing. I'm Sorry You Felt I Am Being Impatient. It Just Upsets Me That This Man Talks To My Husband Or Anyone Else The Way He Does. He Cusses Almost All Of The Employee. There's Not Very Many As Its A Small Place Of Busuness. As For Whether People Believed Him I'm Sure Some Of The Customers Probable Did. As There Where So Many There. And He Said These Things In Front Of Them. My Husbands Po Even Called This Man A Smartass And Told My Husband To Tell Him He Better Not Ever Call His Office Again. Maybe I Misunderstood About This Site. Again, I'm Sorry If I Did. The One That Does Do Drugs And Drinks Gets Away With It And The Empolyer Siad Very Plainly He Won't Do Anything About It. That's What Is Unfair.

 

[jacksgal]

Being unfair is not unlawful. He was accuse dof drugs he took a tst and past therefore proving his innocence. Its clear the work enviroment is not pleasant which is why he should suck it up and look for new work. Nothing unlawful has happened and your dfamation claim is weak at best and empty at worst. I would also be time consuming and costly to pursue

 

[TINYTRAX]

Yeah Your Right About It Being Unfair. He Is Looking For Work Else Where. All That Has Gone On Is Just Causing So Much Trouble. My Husband Can't Sleep At Night Because His Nerves Are So Wrecked. Which Means That I Get Very Little Sleep. I Get Aggrivated Hearing The Things He Says. He's, The Employer That Is, Done Caused My Daughter To Quit By Telling Her To "get Off Her Fat Ass And Go To Work". She's Only 16, Her First Job, And She Wasn't Even On The Clock. Sorry I Got Upset. It's Just Not Right That He Get's Away With Talking To Everyone There Like He Does. I Think The Drugs He Does Has Fried His Brain.

 

[jacksgal]

Now your daughter could have sexual harrassment claim

 

[cbg]

Not based on what was posted, she can't. What he said to her was certainly rude but it's not sexually based and it is not enough to support a sexual harassment claim. Additionally, under Federal law employees of under 15 employees are exempt from Federal dscrimination/harassment law.

 

[TINYTRAX]

We Didn't Want Her To Work Anyway. We Want Her To Study And Make Good Grade And Make Something Of Herself. She Wants To Go Into Some Fields Of Law. Either Srime Scene Investigaor Or A Lawyer. She'd Make Me Proud If She Does. I Just Wanted To Know If We Could Do Something To Stop Him From Acting The Way He Does.

 

[cbg]

I wish I could give you a different answer since I've worked for people like that, but being a jerk is not illegal. It's not even illegal to be a world class jerk. The law isn't going to force him to treat his employees nicely or with respect.

The best thing your husband can do is find another job. Tell him from someone who's been there that there's no point worrying about someone who's determined to act like a jerk. They aren't worth the mental energy.

 

[TINYTRAX]

Yeah, You Got That Right. My Husband Is Looking. Maybe Soon Something Will Come Up And Someone Will Call Him With A Good Job. I Hope Anyway. Thank You For Your Time.