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RE: marine's ex employer slanders him - 11/30/2011 3:18:52 PM   
DomKen


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quote:

ORIGINAL: RakeAndCo

quote:

ORIGINAL: SternSkipper

quote:

Which employer? BAE or Ausgar?

He will have a very difficult time proving a case against BAE because it is based on hearsay.


Nonsense... if this McCreight was employed by BAE at the time he made remarks such as that to any potential employer willing to state as much under oath, and it's the basis for the hiring manager turning him down... Throw 'Hearsay' around all you want. Lawyers bring cases on this basis all the time. He won't have to ever go to the stage of a judge determining if the evidence submitted is hearsay. They'll have loads of fun posturing that way, but in the end they'll settle.
It would take a single motion from BEA to get the case tossed out.

It may not be easy to win a defamation case in the US but if the facts of the case is as described this is one could be won. No way does BAE's insurer let it go to trial. What jury rules against a CMoH winner?

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RE: marine's ex employer slanders him - 11/30/2011 3:38:04 PM   
OrionTheWolf


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It will not go to trial. A settlement with non-closure statement will be reached. An individual assessment of McCreight will be done which will show him mentally competent and no alcohol issues, this will allow him to continue to work. The BAE employee making the statement will be reassigned, and then possibly released after the dust settles some. Others will learn from this that they should keep their mouths shut, and do like every other company does and refer them to HR who will give a non-commited comment that does not show positive or negative on someone.

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RE: marine's ex employer slanders him - 11/30/2011 5:24:24 PM   
DarkSteven


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This is beyond bizarre.  The article clearly erred when it stated that Meyer sued McCreight but BAE is defending.  BAE must be the defendant for the article to make sense.

Every company I have worked for, has a policy that bars its employees from saying anything about ex-employees except for dates of employment, job title, and pay grade.  I would be surprised if BAE has a different policy.

BAE stood to gain nothing and lose a lot by making its claims.  Plus, if the alleged alcoholism and mental instability impacted Meyer's job performance, the job performance would be the correct way to attack him. 

BAE has mishandled this one badly. 


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RE: marine's ex employer slanders him - 11/30/2011 5:27:25 PM   
willbeurdaddy


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quote:

ORIGINAL: DarkSteven

This is beyond bizarre.  The article clearly erred when it stated that Meyer sued McCreight but BAE is defending.  BAE must be the defendant for the article to make sense.

Every company I have worked for, has a policy that bars its employees from saying anything about ex-employees except for dates of employment, job title, and pay grade.  I would be surprised if BAE has a different policy.

BAE stood to gain nothing and lose a lot by making its claims.  Plus, if the alleged alcoholism and mental instability impacted Meyer's job performance, the job performance would be the correct way to attack him. 

BAE has mishandled this one badly. 



I dont think the whole story is out. No company could handle this as badly as it would make BAE look. There may be some history between Meyer and McCreight.

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RE: marine's ex employer slanders him - 11/30/2011 5:30:10 PM   
SternSkipper


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quote:

t will not go to trial. A settlement with non-closure statement will be reached.


Bingo ... no motions not nothing... they'll settle and my guess is quickly if they maintain defense contracts.



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RE: marine's ex employer slanders him - 11/30/2011 5:35:09 PM   
SternSkipper


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quote:

BAE must be the defendant for the article to make sense.


I think you're probably right... with the two being named as defendants in the matter. To let big mouth skate would weaken their position. He commited the tort as their agent.




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RE: marine's ex employer slanders him - 11/30/2011 6:14:52 PM   
thishereboi


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quote:

ORIGINAL: Hillwilliam

Depends on whether BAE was dumb enough to put it in writing.


I think they can be hit with slander as long as he can prove they said it and prove it was a lie. He  has already proven that it hurt him because he didn't get the job. If they wrote it down, I think he can get them for libel.


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