Phoenix, AZ asked in Employment Law, Libel & Slander and Health Care Law for North Carolina

Q: I live in NC and want to know if I can sue my employer and an RN. I have asked this question before but apparently..

I have not made myself clearly understood. I offended a case manger at a provider agency. She retaliated by going to my employer and telling her that i am scizo. This case manger had a BS in business administration and had worked her way up to case manager status at a local LME. Everything with my employer was fine until 2012. Office staff became overtly hostile and insulting. Just this month, my supervisor blurted out that I am scizo. I have not been evaluated by any QUALIFIED and licensed mental health professional. I knew something had happened in 2011 to bring about the abrupt and unwarranted attitude of those in admin at the office, because the RN had been signing off on me doing tube feedings and med admin for the person I provide support services. When I asked for a raise this year, because the care coordinator at the local HME told me i should be able to get one because the state funding was raised $7K. Can I sue for a hostile work environment and libel and slander?

1 Lawyer Answer
Kirk Angel
Kirk Angel
  • Concord, NC
  • Licensed in North Carolina

A: These are all very complex issues and we can only give you general guidance in this forum. Having said that, sure, it might be possible to have a legal claim.

You might be able to sue the case manager for defamation if she made a false statement of fact (not opinion) about you, the statement was made within the past 6 months (12 months in some situations), and the statement caused a direct loss of money. Generally bad or insulting name calling is not a statement of fact, but, in limited circumstances it could be if it is about a factual matter.

You can bring a claim for unlawful hostile environment only if the harassing conduct meets several separate requirements. The most important requirement is that the hostile (harassing) conduct be directed to you based on at least one of the following: race, color, sex, national origin, religion, disability, or age 40 or older. I do not see evidence of either in this post.

I recommend that you set a consultation with an experienced employment attorney to fully discuss your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.