AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question I recently received a 6 page written "verbal" warning from my manager which was co-authored by someone who does not work in my office alleging dishonesty, failure to understand or do my job efficiently. I have been employed by this same company for 4 years and have previously received stellar yearly evaluations. I refuted all the allegations and supplied all the documentation of emails supporting the inaccuracy of the statements.
After reviewing my documentation, my manager now agrees that she wrote incorrect statements but refuses to retract the warning. My questions are, 1) Doesn't the employer have an obligation to investigate 'complaints' before writing them as fact? 2) After reviewing the documentation, doesn't the employer have an obligation to correct 'mistatements'? 3)Since many of the statements/allegation of dishonesty/failure to perform my in the warning were generated by the woman from outside my office do I have grounds for deflamation or slander because she knowlingly made misleading, false statements about my character and performance? I live in MA. Thanks!!!
Answer Theresa,
You may have a claim for defamation or for tortuous interference with a contractual relationship. This is especially true if the other person did not believe the allegations she was leveling.
I cannot tell you what duty your employer had to investigate or correct as I do not give legal advice over the internet. Additionally, I do not know what your company's policies entail.