Can I sue an employer for making things up that I have proof are not true?

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Can I sue an employer for making things up that I have proof are not true?

I was called into the office of someone I do not and never have reported to. She was concerned about tardiness, which I do not contest but she then pulled out a laundry list of complaints about me, 2 of which I can definitely prove are incorrect. I have never once heard a complaint in the 2.5 years and all of the sudden I’m hearing about things that were just never said because

Asked on February 14, 2017 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, based on what you write, you cannot sue the employer. The employer made its comments or accusations to you; but comments made to you are not defamation, since anyone may say anything--true or not-- that they like to any other person. Defamation is only factually untrue statements, which damage your reputation, made about you to other people. (If you could identify the co-workers who made false accusations about you to management, you may be able to sue them for defamation.)
2) Unless you had a written employment contract which is being violated, you were an employee at will and had no rights to your job, including no right to challenge accusations against you. The employer could confront you about or take action based on those accusations legally.


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