Be Excellent To Each Other

I am anger manifest.

I'm a contractor by trade and rely on my reputation to get new contracts. I've overcome various opposition, nay-saying and doom-merchanting over the last decade, but have never been accused of sexism, racism or anti-Semitism until today.

I was having a fairly "heated" debate (there were no swears) with an employee of the current contract on how "the product" should be developed. We reached an agreement, case closed...

... or so I thought. A couple of hours later I get called to a meeting with the directors, who reveal to me that they've had a complaint levelled against me that I uttered "anti-Jewish slurs" against an employee.

UTTER FUCKING BOLLOCKS!

I'm not a racist, I don't hold such beliefs and nor do I "utter" any such slurs. I've replayed the conversation a thousand times in my head and as far as I know there is absolutely nothing, nothing, I said that could be construed as anti-Semitic, racist or anything else. We were talking code!

I told "the directors" this, and also told them I'd be prepared to sue the company and the individual involved if this continued. I'm going to see my lawyer on Monday - and I'm out for blood. Call me wrong? Fine. Call me a twat? Fine. Call me something I'm not? I'm going to take the full fucking weight of the law to your door and make you face it.

Anger!

Thanks for reading

Surely they could have told you what the alleged slur was?

Witnesses?

Good call. From what I can gather from reading the post that would be none.

Serious response - Did you make any comments about him/his team trying to cut corners financially or anything? It's about the only thing I can think of that would come up in a normal business conversation that could possibly be deliberately twisted into being considered anti-semitic (based on the slur of Jews being cheap penny-pinchers).

That's what I was thinking. I mean, even if you called a Jew a tight cunt or something then they could easily twist it around.

Thing is, without any witnesses I doubt much can come from it.

I'm not sure where the burden of proof lies for slander cases... would he have to prove that you said it, or would you have to prove that you didn't say it? Legal person plz answer kthx.

Crikey that sounds shite EoE Good luck with it.

Surely you're innocent until proven guilty? Like he said.. He's had a decade of good behaviour.

This is I record every conversation I have at work.

The other party would surely have to prove that you said such a thing as it is obviously impossible for you to prove that you didn't?

Surely the main problem here is whether your 'superiors' believe you or not (regardless of any legal outcome).

You've to prove that the words spoken were defamatory, they were referred to you, and that they were spoken. And a jury has to agree.

Winfield on defamation:

"Defamation is the publication of a statement which tends to lower a person in the estimation of right thinking members of society generally; or which tends to make them shun or avoid that person"

To refer to you, it's got to be shown to refer to you, or reasonable people believe that the statement refers to you.

The defences are offering amends, which is saying sorry with money and a half page advert in a newspaper, consent, justification, fair comment, absolute privilege, judicial privilege, executive privilege or qualified privilege.

I think that the defence of qualified privilege would fit here, if, but not admitting to, such a statement was made, then telling your boss about it might cover it.

Also, and this is possibly the most important part of it, you fund defamation cases from your own pocket, and they can run and run and run. And costs are exceedingly high. And if you bring one, and lose, then you are looking at serious lawyer money. Not to mention the other side's serious lawyer money.

If I were you, I'd just explain it to the boss, maybe say you're sorry and that any offence caused was wholly unintentional and as a result of poor communication. Be very contrite. You stand to lose more by bringing an action than by swallowing a bit of pride.

Offer up some money? WTF? Surely that's a straightforward admission that you did say something?

He could still threaten to sue if they take any action based on an unfounded allegation, he doesn't have to go through with it if the worse happens (could claim unfair dismissal instead). IMHO IANAL and that

I was explaining about defamation and the claims and towards the end got my wires crossed as I started to think about something else. I've amended it now.

Sueing for defamation here, I would strongly advise against.

Fair enough, I'm not sure I agree with apologising to the directors though, or the employee if he's making if up.

Apologising for any misunderstandings or poor communications leading to upset /= "Sorry I done it", though.

True, but I'd be after an apology in return for the mud slinging.
If this really has come out if the blue and there was nothing that could have been taken the wrong way then the employee is clearly not to be trusted.

That's a very damaging and malicious thing to say.

If the debate was heated, and the other party has responded by coming up with a claim like that to management, I'd seriously be considering whether I would want to work with them.

Contractor, project meeting?

Smart money is on a sentence beginning "The final solution..."

EoE, going into work, yesterday.

Absolutely. I would add that I consider people who intentionally make up allegations of racism etc. are more despicable and cowardly people doing more harm than actual racists etc.

Well this is the problem. If you introduce some kind of P.C ruling people will always find a way to twist it to their advantage. Especially in business where it's one big game of cut throat.

Certain people know no bounds of the lowness of their stooping to get what they want.

Ditto.

Also, what Mali said. (a) a threat of legal action is baseless as, trust, me, you can't afford it, and (b) isn't going to endear you to them much more than walking into their lobby in a nazi uniform shouting about Zyklon B.

You said you'd disown me if I went into stuff like this.

And I stand by that, unless you cut me in.

I'm not going around defaming people like (SNIP! - Legal Ed) or (SNIP! - Legal Ed) so you can (SNIP! - Legal Ed) in order to (SNIP! - Legal Ed) and (SNIP! - Legal Ed) and (SNIP! - Legal Ed) forth.

Who the fuck is our Legal Ed? Edward Scissorhands?

\
" I won't get out of bed for less than £250/hour."

So, how was the meeting?

Obviously you haven't been watching the news: http://news.bbc.co.uk/1/hi/world/europe/8385577.stm.

We won't be seeing him again, I'd bet.

Well that was unexpected.

It's been something of a tense week. Went to see the solicitor on Monday who was basically of the opinion that pursuing the matter through legal avenues would result in no winners. Basically what you guys said above, but why take free advice when you can pay someone for it?

Had another, fairly supportive, chat with the "board" on Tuesday morning and calmed things down a notch. I've also spoken with a number of extremely wet HR types. I didn't want a whole bunch of rumours flying around, so I told the team I work with what the situation was. They were incredibly supportive, got me a card, we went out for a lunchtime meal. I appreciated that.

Then today another chat with the "board". The accusation has been dropped. No real explanation for why, but the person who made it was apparently off "sick" until yesterday, came in and withdrew the complaint. After that I had a confidential, off-the-record, chat with one of the directors who I've known the longest who said that although they had to take the complaint seriously and take steps, there was a certain amount of support in my version of events given my reputation, conduct and the, quote, "exceptional" work I do.

So, I think, knock-on-wood, this draws a line under it. Case closed. I have a strange feeling now: relief mixed with diminishing anger. I've been so pissed off about the whole thing for the better part of a week, now I'm feeling less pissed off I feel almost as if a part of me is missing. Weird.

Anyway, promised to take the wife out for dinner to thank her for putting up with all the shit.

Whilst I doubt you're feeling much satisfaction I reckon that's as good an outcome as you could have hoped for really.

Yep, good result. Sounds like you have plenty of support there too.

Congrats, dude. I understand how stressful it is being falsely accused of shit you didn't do. This stressful ->

Anyone want to club together for a Happy Hanukkah card?

Good news. Hoorah!

now you can go and insult him and no one will believe him!

To be honest, what is the point of spending years building up a good, honest reputation if you're not going to abuse it further down the line for your own gain? It worked a beauty for me at school... I spent 5 years being a good boy who did everything on time without a fuss, and then bunked off a load of stuff in 6th/7th form and nobody even thought to question my flimsy excuses, while other more "known" slackers were hauled over the coals for the most minor and innocent of transgressions

Sounds like the reverse of my life history.