Q: A year ago, I discovered my boss was spreading lies to fire/bully me out of my job.
My boss tried to fire me by spreading false rumors that I was threatening and bullying coworkers. She falsely claimed in a group chat with other managers that I was a gangster and mentally unstable. The store HR representative accused me of being a warlock/witch who casts spells. After discovering her mistake with firearm paperwork and bringing it to light, she demoted me in retaliation. I reported this to higher levels of management and HR, but no action was taken until I asked for help from the CEO, who was walking the store one night. I'm not sure if I can still file a complaint with the EEOC or pursue a civil lawsuit and need to know which option is better. I documented incidents, including dates, times, and individuals, and have screenshots of the group chat and coworker statements. My performance reviews contradict the allegations. I am seeking advice on the best course of action and the necessary evidence for my case.
A:
Employment discrimination requires proof that your employer took adverse employment action against you based upon an unlawful reason such as your race, color, nationality, ethnicity, sex, age, disability, religion, or pregnancy. Your employer can lawfully take adverse employment against you based on reported allegations that you are threatening and bullying co-workers, are a gangster, or are mentally unstable. Your employer has no obligation to investigate or require proof or corroborating evidence of the allegations being made against you before taking adverse employment action against you.
Libel and slander involves making a false assertion of fact about you that disparages your character, that is believed by a person to whom it is made, and that results in compensable damages to you. If the CEO believes your boss and fires you, you may have a valid claim for libel or slander against your boss. Because defamation claims like this sometimes implicate the legally and constitutionally protected right of free speech, there are various statutes and technical rules that usually require specific pre-filing notices to the proposed defendant as a condition precedent to filing such a lawsuit. It is therefore important to hire an experienced civil litigator very familiar with this type of claim; otherwise, your suit may be dismissed and you may become legally responsible to reimburse your boss for attorney fees and legal expenses incurred defending such a lawsuit.
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