Libel / Defamation

[lma]

What is the name of your state (only U.S. law)? NJ

My husband is a longshoreman for over 9 years. He received a letter from manager (with cc: to CEO, VP Administration, Shop Steward, Head Foreman, Hiring Agent, Ship Foreman, & His Local) stating (briefly) that in the 3 years he's been acting hatch boss/paperman, all vessels had a loss of productivity. It said he lacked "expertise" in handling responsibilities. There was a threat of permanent removal from position and time off.

This is the first letter he received. He's worked as assistant hatch boss/paperman on over 300 ships. He has never had any prior warnings.

He sent a letter to the manager and cc: all the people the manager cc'ed. In the letter he asked for copies of all of documents regarding every vessel he worked as paperman/assistant hatch boss as well as a meeting with all persons involved in these statements such as the ship superintendant, ship foreman, stevedore manager, crane operators, etc. These are the people that the manager said went to him with these complaints. My husband just wanted the opportunity to see what the documents said and a chance to discuss this with the people listed above.

My husband gave them 5 days to respond. On the third day, he received a call from the Shop Steward saying that the letter they sent won't "go anywhere" and that it's "nothing". The Shop Steward said that "they can't come up with the proof". The Shop Steward basically said that they want to put it under the table. My husband's understanding is that any letter sent to an employee goes into the permanant file. Therefore, when he applies for an opening position in the future, these letter will be in the file.

Since they are refusing to back up these allegations and are refusing a meeting with him, won't this fall under libel/defamation?What is the name of your state (only U.S. law)?

 

[quincy]

This is a tricky one.

When you make statements charging a person with incompetence or a lack of ability in their job or profession, the statements can be libelous.

To be actionable as libel, the statement must not only be provably false, but there must be demonstrable reputational injury suffered as a result of the statement. The loss of a job or a promotion, or a demotion that results from a false and defamatory statement, or a marked change in the way your husband is treated in his workplace, can all be indications of reputational injury.

It could very well be that there has been a loss of productivity during your husband's time as acting hatch boss. It is probably safe to assume that is the case and that there is evidence to support this loss. Jumping from that fact to stating as fact that your husband is responsible for this loss and lacked expertise in handling responsibilities could, however, be a rather large and libelous leap.

That documents will not be released for your husband's review and that your husband is not being allowed a meeting with those responsible for the original allegations, is more of an employment issue than a defamation issue. Your husband should continue to try to get a meeting with the manager, to see if the entire issue can be resolved to everyone's satisfaction.

If your husband wants to sit down with a defamation attorney, show this attorney the letter received, and review the entire work situation with him, he could. Without knowing all of the facts, it would be hard for me to say for sure whether it is worth your husband's time, money and attention. He may find that legal action is not worth pursuing at this time. It is generally best for all parties involved if there can be an out-of-court resolution.

If the letter affects future hiring or promotion decisions, however, then it certainly would be wise for your husband to sit down with an attorney.

 

[lma]

Thank you so much for your reply. My husband is going to see an attorney. He justs wants his employment file clear. In his line of business there is so much room for advancement and he doesn't want to lose any opportunity that may arise in the future due to this letter.

Thanks again.

 

[quincy]

Seeing an attorney will certainly give your husband a better idea of whether there is any defamation action worth pursuing here, however I think your husband would be wise to continue to try to work the issue out with his manager if at all possible.

Having an employment problem resolved without attorney intervention could potentially benefit your husband more than any legal action would - depending, of course, on the extent of reputational injury suffered as a result of the false accusations, and whether these allegations wind up affecting your husband's current or future employment in a demonstrably negative way.

The reason why it is often wise to explore all options before seeking legal recourse is that lawsuits brought against employers, while often necessary, can, just like defamatory comments, be damaging to future job prospects. It is a difficult choice to make at times, so any decision to sue an employer needs to be considered carefully and from all angles.

The attorney your husband contacts can better help him weigh the costs versus the benefits of all of this.

Good luck.

 

[lma]

Thank you.

My husband recieved a call from the Local today and he went in for an appointment with his Union Reps. They are backing up my husband 100%! They said that they "heard it through the grapevine" that the Company has no backup to the allegations. They feel that this particular Company rep was just harrassing my husband due to a "discussion" (to say the least) between my husband and him. The Union said they would fight for him and make sure he recieves a letter retracting the allegations.

So, it looks as though this is going to be all cleared up in my husband's favor!! Hooray!

Maybe I jumped the gun a little bit because we were both upset. Sorry to have wasted your time.

Thanks again and have a great day!

 

[Alex23]

It's not a waste of time. These issues are important to everybody.

 

[quincy]

I am happy to hear that your husband is getting the issue resolved without legal action.