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Jurisdiction: 

Area of Law: 

Question: 

I had to give my notice at my place of employment. My superior and I obviously do not get along. However, we had decided to start over so that our place of business would be successful. However, I found e-mails from her to her superiors about me and they are not very kind. I found these in my work computer in a drive we share(I use this drive as part of my daily job). Do I have grounds to sue the company?

Selected Answer: 

DakotaLegal's picture

 

 
You may have several sorts of claims, called ‘torts.’ And with every claim of a tort, the ex-employer will also have some defenses. So what we can do is talk about what claims you might have, and what you have to prove. First, though, is a very important question: what are you looking for as a remedy? Meaning, what would satisfy you? You already say you aren’t especially interested in working there: this takes one important issue off the table, I think…asking for any damages coming from the work environment, or being laid off or fired for illegal or discriminatory reasons.
 
So, you seem to be allowing or asking only for any damage to your reputation caused specifically by these discovered emails. We’ll talk about that and why you may want to rethink your damages to include being harassed before quitting.
 
One obstacle in any case about defamation is that it is a complicated area of law, and this in turn means it’s expensive to sue for. If you have limited resources, try getting help from Colorado’s more affordable legal services: http://www.coloradolegalservices.org/. You can also try to ask for a referral to a specialist, being sure to ask for lawyers who offer low-cost or free initial consultation: http://www.cobar.org/directory/.
 
The interesting thing is that you will have to prove these e-mails have been communicated to someone else. “Writing” something is one thing, but showing there’s been real harm to you is another. And, to underline the importance of your having voluntarily resigned, you are in a tough place to show these emails caused you to lose your job involuntarily (which is where these emails would have been useful). There is value in a reputation, but I’m sure you know your burden is to prove these emails are more than just “unkind.” You have to show they were communicated to someone else (a third party) and they unfairly put you in a false light, falsely damaging your reputation. But even that’s not quite enough. The statements need to have been maliciously designed to harm you. As courts frequently point out, even exaggeration or offensive words (perhaps even calling someone a “bastard”) may not be enough.
 
So before we begin to look at your making a tort claim for damage to reputation (the tort of defamation) such as you may have under Colorado law, I have another question: are the statements not only unkind, but also provably false?
 
Is There Defamation?
 
One big issue is whether or not the company had a right to freely express their opinion. Courts interestingly enough very often quite Shakespeare to explain the concept… “Who steals my purse steals trash. But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed.” Very often, the court will then go on to talk about the “New York Times” case, and point out the proof you need to show is usually called “actual malice.” http://caselaw.findlaw.com/us-10th-circuit/1531899.html.
 
The interesting thing is how you go about proving your employer’s malice. While it’s possible some statements on their face will show malice, it’s more likely you will need witnesses, inconsistent personnel file reports, or your own recollections of confrontations with the supervisor there. You may find a “gold mine” showing a pattern of harassment.
 
What I’d suggest, then, is a series of steps. First, develop a chronology. It does not have to be exhaustive…just a nice, simple timeline. Note how you may have been harassed or isolated in the job. Second, consider what harm the discovery of this insulting and offensive language has caused you. Have you become emotionally upset? Note changes in your feelings or depression and anxiety. Third, define precisely how the comments are not true. Fourth, try to get a free legal consultation. I’ve got a case for you to look at, where defamation included saying someone had been using marijuana. This was a concrete wrong, as opposed to mere “name calling.” The case may also be helpful in explaining what it takes to prove defamation in an employment setting. http://caselaw.findlaw.com/co-court-of-appeals/1017893.html.

All Comments

DakotaLegal's picture

 

 
You may have several sorts of claims, called ‘torts.’ And with every claim of a tort, the ex-employer will also have some defenses. So what we can do is talk about what claims you might have, and what you have to prove. First, though, is a very important question: what are you looking for as a remedy? Meaning, what would satisfy you? You already say you aren’t especially interested in working there: this takes one important issue off the table, I think…asking for any damages coming from the work environment, or being laid off or fired for illegal or discriminatory reasons.
 
So, you seem to be allowing or asking only for any damage to your reputation caused specifically by these discovered emails. We’ll talk about that and why you may want to rethink your damages to include being harassed before quitting.
 
One obstacle in any case about defamation is that it is a complicated area of law, and this in turn means it’s expensive to sue for. If you have limited resources, try getting help from Colorado’s more affordable legal services: http://www.coloradolegalservices.org/. You can also try to ask for a referral to a specialist, being sure to ask for lawyers who offer low-cost or free initial consultation: http://www.cobar.org/directory/.
 
The interesting thing is that you will have to prove these e-mails have been communicated to someone else. “Writing” something is one thing, but showing there’s been real harm to you is another. And, to underline the importance of your having voluntarily resigned, you are in a tough place to show these emails caused you to lose your job involuntarily (which is where these emails would have been useful). There is value in a reputation, but I’m sure you know your burden is to prove these emails are more than just “unkind.” You have to show they were communicated to someone else (a third party) and they unfairly put you in a false light, falsely damaging your reputation. But even that’s not quite enough. The statements need to have been maliciously designed to harm you. As courts frequently point out, even exaggeration or offensive words (perhaps even calling someone a “bastard”) may not be enough.
 
So before we begin to look at your making a tort claim for damage to reputation (the tort of defamation) such as you may have under Colorado law, I have another question: are the statements not only unkind, but also provably false?
 
Is There Defamation?
 
One big issue is whether or not the company had a right to freely express their opinion. Courts interestingly enough very often quite Shakespeare to explain the concept… “Who steals my purse steals trash. But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed.” Very often, the court will then go on to talk about the “New York Times” case, and point out the proof you need to show is usually called “actual malice.” http://caselaw.findlaw.com/us-10th-circuit/1531899.html.
 
The interesting thing is how you go about proving your employer’s malice. While it’s possible some statements on their face will show malice, it’s more likely you will need witnesses, inconsistent personnel file reports, or your own recollections of confrontations with the supervisor there. You may find a “gold mine” showing a pattern of harassment.
 
What I’d suggest, then, is a series of steps. First, develop a chronology. It does not have to be exhaustive…just a nice, simple timeline. Note how you may have been harassed or isolated in the job. Second, consider what harm the discovery of this insulting and offensive language has caused you. Have you become emotionally upset? Note changes in your feelings or depression and anxiety. Third, define precisely how the comments are not true. Fourth, try to get a free legal consultation. I’ve got a case for you to look at, where defamation included saying someone had been using marijuana. This was a concrete wrong, as opposed to mere “name calling.” The case may also be helpful in explaining what it takes to prove defamation in an employment setting. http://caselaw.findlaw.com/co-court-of-appeals/1017893.html.