Q: I was fired for theft of time. I did not steal. TWC investigation - in my favor and ruled I did not do misconduct.
The company gave me a task but no metrics to reach and no instructions on how thorough they expected the task to be completed. I was fired for theft of time for doing it too slow on my 1st attempt at the task. I whistleblew about being asked to work off the clock and the company right before that happened. TWC found that I was fired not due to misconduct. My character is tarnished. Can I sue for defamation?
A:
In Texas, if you were wrongfully accused of theft of time and subsequently fired, and the Texas Workforce Commission (TWC) found in your favor, stating there was no misconduct, you may have grounds to consider a defamation claim against your former employer. Defamation involves making false statements that harm someone's reputation.
To pursue a defamation claim, you must prove that the employer made a false statement about you to others, that this statement harmed your reputation, and that the employer acted either negligently or maliciously in making the statement.
Given that the TWC found no misconduct on your part, this may support your claim that the accusations of theft of time were false. The impact on your reputation and career prospects can be cited as damages resulting from the defamation.
However, employment-related defamation cases can be complex, as employers often have certain protections, especially when statements are made in the context of employment decisions. This can include qualified privilege, which protects employers in some cases when they make statements about employees, as long as they don't do so with malice.
Considering the nuances of defamation law and the specifics of employment law in Texas, it's advisable to consult with a lawyer who has experience in these areas. They can assess the details of your case and provide guidance on the feasibility of a defamation claim.
Remember, taking legal action requires careful consideration of the facts, potential outcomes, and the impact on your future. Legal counsel can help navigate these considerations and determine the best course of action for your situation.
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