I was fired for supposedly assulting a coworker?
I got the best lawyer in my state to take my case. I had done NOTHING to the girl. When my lawyer called her she said that I touched her on the shoulder while talking to her ( I never touch people when talking to them) & I made her nervous because I talked faster than most people in the south. So she wrote me up. I got a copy of her "accusation" & my lawyer quitting my case. The letter she wrote isn't close to what she told my lawyer & is full of lies! She said I hit her 3 times, threatened her, said I was hosptialized & my dr. was keeping records so I could sue the co. stupid stuff. My lawyer only takes 6 & 7 figure cases. Without him I'm screwed. But can I sue the liar for defamation of character? She claims that after the assault I talked to clients & a coworker for 5 mins while she went to look for a 60+ yr old coworker to make me leave, but I left before she found her. Right now I want to find her & do what she accused me of and MUCH MORE! What can I do legally?
my business law teacher in college always told us to think of the "deep pocket" rule, meaning only sue people that have money. but unless you signed a CONTRACT with your employer, then your employer is not at fault, nor is he/she liable for reinstatement. find out if your state is an "at will" state as far as employment is concerned. if it is(as is the case in (i believe) 34 states), then you are screwed.
if what you are seeking is REVENGE, then do this: file a small claims lawsuit against her(costing you b/w $35-$70 to file), but be careful about how you come up with the number you are suing for. if and ONLY IF you can prove that she lied, then i THINK that you should sue her for 6 months of wages, since that is generally how long it takes to find a job (ie unemployment insurance lasts 6 months). don't say ANYTHING about defamation of character in small claims court, this area ONLY applies to people in the public eye, ie politicians. just focus on how HER LIE LED TO YOU LOSING MONEY. if you can prove that, you will win.
what happened to you is bullshit, but you can't really DO anything about it other than really just harass the lady. even if you win in small claims, she won't pay you. you would have to get a judgement against her, then garnish her wages, etc, which BELIEVE ME is not worth doing. so if it is revenge you seek, sue her. if you want money, then find another job and use a friend as a reference for your last job. if you are pissed off, i've found that throwing eggs is a good outlet for hostility.
hope that helps!!!!
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