Is this a case of defamation?

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Is this a case of defamation?

I stayed at a hotel under by company’s direct bill for business on two separate occasions, once in October 2018 and again in January 2019. I was fired during my 3 month performance evaluation at the end of January because my scores were marked as ‘below expectations’ commenting in each section the reason the hotel manager told my employer that in October 2018 I cussed out her employee and the situation escalated so severely, the manager was forced to step in to stop things. I asked for proof because this never happened, and was told it has been confirmed, but wouldn’t tell me how or by who, and I would need to contact the hotel for further details. I’ve tried dozens of times to contact the hotel manager, but she will not return any of my calls. When I contacted the corporate office for the hotel to file a complaint for the manager not returning my calls, I was eventually told she responded by email and said I was involved in an incident at check in not check out like I was told at least a dozen times by my employerwith a hotel employee and she was forced to step in. The corporate office told me they couldn’t provide me with any other information and I would have to contact the hotel directly to answer any more questions. Is this defamation in the state of California?

Asked on February 23, 2019 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it may be defamation and you may be able to sue both the manager personally and possibly also the hotel for your losses, such as loss of your job, caused by it. Defamation is the making of an untrue statement of fact or factual claim about you--such as that you cursed as someone and got into a confrontation when that never happened--which damages your reputation. Therefore, if the manager lied about what happened and that lie damaged you, that may be defamation. If you wish to explore a defamation lawsuit, contact a personal injury attorney (the same lawyers who do slip-and-fall and car accident cases are generally the ones who handle defamation, too).


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