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Unfair and Hurtful Is Not the Same as Illegal 03/14/2010
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Yesterday, I received a call from a potential client who was understandably angry. She was terminated and apparently falsely accused of egregious misconduct that she never committed. It's possible that she had a legitimate workplace defamation claim against her employer. 

The woman sounded infuriated and eager to go to "war" against her employer as soon as possible. As soon as I started explaining to her what evidence she needs in order to have a legitimate defamation claim and what she was currently missing to have a case, she said: "I think you are wrong, I am going to continue looking for a lawyer" and hung up the phone.

That caller was of a known type - she is driven by her emotion, and by her desire to hear what she wants to hear. I did not even have a chance to tell her that I am a lawyer. And, while I sincerely sympathize with her situation and the unfortunate events prior to her apparently wrongful termination, I was there to advise her on her legal rights, not what's fair and not on what's right.  I just hope that she doesn't waste too much time calling other lawyers around town, or paying a large amount of money who will take advantage of her emotional state and lead her to believe that she has a case without investigation the facts of her claim carefully, as it's so critical to a successful prosecution of any wrongful termination claim, and especially when it comes to slander and libel at workplace.
 


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