Q: Would someone filing a complaint about me at work based off of a statement they heard from a 3rd party be defamation?
Someone filed a complaint towards me at work based off of a statement heard from a 3rd party that was not true in which ended up in me being terminated from employment. Would the fact that they heard a statement from someone else and decided to publish it without verifying the truth count as being negligent to the truth? Would their complaint be a qualified privilege?
A: What you really want to know is if this is ACTIONABLE defamation, meaning the type of defamation for which you can bring a lawsuit for money damages, and whether such a suit would be worthwhile to bring. That cannot be determined from an online inquiry; you need to schedule a consultation with an attorney. Regarding qualified privilege, that is a defense that the sued party can assert (so it does not prevent the making of a claim). Factors the courts examine for that defense include whether the statement was made in good faith and not with actual malice, the interest in making the statement, and whether the statement was limited in scope to a specific purpose. In the scenario you are talking about, the person conveying the complaint about what the 3rd party stated possibly could have a valid defense even if he/she did not investigate to determine whether the 3rd party told the truth. The 3rd party who triggered the events causing your termination might be the most appropriate target for a claim if collectibility is not a problem.
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