What can I do if my wife’s co-worker states that I’m abusing her when I’m not?

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What can I do if my wife’s co-worker states that I’m abusing her when I’m not?

My wife recently told me that her assistant store manager was told by the other store manager that I abuse her. I have never laid a hand on her in any hurtful way possible. What can I do about this? This is hurting my reputation. Can I legally take action against the company where she works since it was stated there? Can I legally take action against the co-worker? If I take action against that person and she cuts my wife’s hours since she does the scheduling, can my wife take action for that?

Asked on June 21, 2012 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can, from what you write, take legal action against the store manager who said that you abused your wife: it appears that he has defamed you. Defamation is the public (to any other people) making of untrue factual statements (such as a claim that you commit spousal abuse) which damages another person's reputation. You therefore may be able to sue him.

You would not have a cause of action against the store for his defamation: an employer is not liable for the wrongful acts of its employees, unless committing such wrongful acts was part of their job or otherwise knowningly sanctioned/supported by the employer. Since defamation would not be part of his job, the store would not be liable.

If the store retaliates against your wife if you sue the manager for retaliation--i.e. he is allowed to cut her hours--then it's possible you may have a cause of action against the store for tortiously (wrongfully) interfering with your wife's economic advantage or for defamation (since at that point, they could be veiwed as sanctioning his wrongful acts).

It would be worthwhile to discuss the matter in detail with a personal injury attorney, to see if you have a cause of action and what it might be worth.


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.

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