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possible defamation?

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#1 fatwat


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Posted 16 September 2009 - 12:39 AM

In August 2008 I was involved in an unfortunate incident at work. The incident was internally investigated; I retained my job; and, was placed on six months probation. On September 12, 2009 I was denied a request to work overtime in a particular department of my workplace and learned on September 15, 2009 that a memo had been sent to "team leaders" advising them that if I contacted them requesting overtime that I was to be told that none was available; team leaders were advised to destroy the memo after reading it. When questioned about the existence of the memo, the coordinator I spoke with did not deny its existence, but wanted to know how I had heard about the memo.

My concern is not the issue of the overtime, but the manner in which the memo was sent out. Was I entitled to receive a copy of the memo? Should I have been contacted by the department director and advised that I was not a candidate to work overtime in her department before sending out a possibly defamatory message to team leaders? Is it ethical for a department head to send out such a memo without notifying the person in question of its existence? Can a department head secretly (and legally) ask that a possibly damaging memo be destroyed?

Does this in some way violate any parts of the Civil Rights Act or the Fair Labor Standards? I was advised by the coordinator of human resources of my organization to file a grievance--what sections of each of these laws should I research to make my point?

I appreciate any help or direction you can give me. I have until Tuesday, September 22, 2009 to file the grievance.

Thank you

#2 fatwat


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Posted 24 September 2009 - 12:33 AM

I filed the grievance complaint and the department manager in question is treating the investigation as if I was the person in the wrong rather than the person who was wronged. By secretly sending out the memo which of my rights were violated? Is this a "right to know" issue? Is it discrimination of some sort? Is it a matter of ethics?

I expect to meet with the director of human resources along with the department head sometime next week--please, I need some answers!


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