What constitutes slander by an employer?
Question Details:
I was recently fired from my job as a casino dealer for overpayment of a blackjack. The company retrieved the money back. The company's security investigator and the Gaming Commission (State Police) interrogated me and the player for about 4 hours to see if there was collusion. No collusion was found but I was still fired. When having my phone interview for unemployment, they informed me that the company claims that I "willfully and deliberately" overpaid a blackjack. Is this slander?
Employment and Labor Law Answers
Slander is an oral statement stated by one person to a third person which is false, purposeful, without justification and unprivileged which causes the person who the statement is being said about to suffer embarassment and damages.
A "claim" by your former employer to the unemployment administration is privileged because it is trying to prevent its unemployment account from being debited by your claim for unemployment benefits. You apparently overpaid a blackjack win by your own admisisons. The issue is whether your former employer was justified in firing you and whether you are entitled to unemployment benefits since you were terminated for an alleged willful and deliberate act.
I do not view the former employers statement about the reasons why you were terminated rising to the level of "slander".
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