What are my right regarding slander at work?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my right regarding slander at work?

I have a co-worker who is going around the office asking if I have ADHD and if I do, if I’m taking anything for it. They are going beyond that saying if I’m not taking any that I should be

Asked on April 16, 2018 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The employer is not responsible for what this employee is doing IF you do not have ADHD or some other condition: that is because if you do not have ADHD, then this is defamation, or a mistatement of material fact (basically, a lie) which damages your reputation. Committing defamation is not part of this person's job--it is not what they are employed to do. Since it's not part of their job, the employer is not liable or responsible for it. The person defaming you, however, is liable for his statements, and you could sue him for this--or start by letting him know you will sue if he continues.
If you do have ADHD or some other medical condition causing symptoms which he is mistaking as ADHD, then this is disability-based employment discrimination or harassment: employees may not be harassed for their medical conditions. The law requires employers to take steps to prevent or stop such discrimination or harassment once they become aware of it. Since you have made your supervisor aware of of the situation, if the supervisor or someone else in the company (e.g. HR) will not take reasonable steps to stop this, the employer may become liable for disability-based discrimination or harassment. In that case, you could contact the federal EEOC or your state's equal/civil rights agency to file a complaint; the agency can investigate and take steps to stop this (and sometimes, in egregious cases, get you some compensation, too).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption