What is my legal recourse if my manager at work has had several conversations with my peers about my worker’s comp claim?
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What is my legal recourse if my manager at work has had several conversations with my peers about my worker’s comp claim?
Telling them things like I am faking my injury, results of X-rays and other doctor’s results. Also, this company is trying to fight my worker’s comp claim by telling me they feel I am in a physically abusive relationship at home which I feel is slander. I was told by my superior that if I did not go against my work restrictions, I was going to be disciplined on multiple occasions. And lastly, my boss’s boss mocked me openly in front of a large group of my peers today due to my worker’s comp injury. Do I have a leg to stand on to go forth in perusing legal action? Also, what kind of lawyer do I need to seek if I have reason for legal action?
Asked on July 28, 2015 under Personal Injury, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Defamation is publically (i.e. to any third parties; that is, to any person not you) making negative factual statements (so not negative opinions or negative true facts, but negative lies or untruths about facts) which damage your reputation. Telling your coworkers that you have faked injuries and claiming that you are in an abusive domestic relationship--assuming that these things are not true--would seem to be defamation. Based on what you write, you may therefore have a defamation claim against your manager personally and possibly against your employer as well (if the employer is aware of his acts, which are being ostensibly done for the company's benefit [i.e. to fight your worker's comp claim] and, even though aware of them, let's him continue doing this).
It would be worth your while to consult with a personal injury attorney about this situation in detail; many such attorneys will provide a free initial consultation, and you can inquire into this before making the appointment. Do not call from a company phone, or use a company phone, computer, server, network, etc. to email or text the lawyer--companies can, to greater and lesser degrees, monitory communications over their equipment or facilities.
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