Employee slandered and has proof
I had been working as a server at a restaurant in Orlando for almost 2 years. My file was clean. I actually had good compliments on my service and attitude. I became pregnant and into my fifth month I had a table that ran out on their bill. I went and told managenment everything that happened and they wrote me up for bad cash handling. A few weeks later I came into work and was suspended because a manager claimed a guest called in and complained saying that I overcharged him on his credit card (which I did not!) I was told that the general manager would talk to me the next day. He never did. I ended up calling and talking with another manager (one in which I had filed a complaint against) and he told me to come to work the next day a few minutes before my shift so we could talk about the incident. When I came to work he pulled me into the back and told me that they were going to be terminating my employment because he believe I had commited credit card fraud. I filed for unemployment and they fought that. It came down to an unemployment hearing which I won. However, my former employer had their lawyers send Unemployment a statement saying that I did indeed alter the guest's check. I ended up winning unemployment. My former employer has this policy in which if you believe you were wronged there are steps which you can take. The first is a review by others in your company. Basically you go and present your case infront of others that work for the company. Then the managers say why they fired you and they defend themselves. I also won that in which I was going to get 1 years back pay and re-instatement. However, coorporate office denied my claim and went to the next step, which is mediation. We are currently still in the beginning stages of mediation. I have been looking into the law and have reason to believe that I could sue this company based on defamation. Not only did they tell their lawyers that I altered a guest's check (which again, I did not do) but they told the review panal as well, along with other managers in the restaurant. I have in writing the documentation from this companies management consultants where they stated that. Also, they told me that I was fired because I had two cash handling errors on my record and that they terminate for that. However, right now at that restaurant there are over 10 people who have multiple cash handling errors! The time line is already past for my to sue for discrimination (pregnancy) but I strongly believe I have a case for defamation. I was hoping someone could verify if indeed I do and what the next step should be.
1 answer | asked May 8, 2007 12:23 PM [EST] | applies to Florida
Answers (1)
Thanks for your inquiry. We screen each and every inquiry individual to determine if it has possible merit. Based on your inquiry, there may have been a violation of state and/or federal law. As much as we would like to answer your question directly, employment attorneys cannot ethically give proper legal advice without meeting with a client and reviewing a detailed intake questionnaire. Since employment claims often involve very short statutory deadlines, it is essential you obtain legal advice as soon as possible. Please call me at 1-800-667-3659 and I’ll be happy to schedule an appointment for you with one of our qualified attorneys. For more information about our firm, please go to www.advancingjustice.com
posted by Frank Shooster | May 9, 2007 3:23 PM [EST]
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