Currently, for reasons unknown to many, slander in all its forms and manifestations has become very popular. Defamation in the workplace is no exception. The slanderer’s motives are by no means the kindest, so you should understand that if you have become a victim of the dissemination of false information, you should not take it lightly, since the consequences of these actions can be very serious. For example, this information may reach management, which may lead to a request to write a letter of resignation of one's own free will. A separate chapter is the dissemination of false information to officials. It is these two components that will be discussed in this article.
Defamation of an official is a separate type of crime.
Determining the classification
Slanderous rumors discredit the honor and dignity of citizens
Cases where it is appropriate to talk about libel are characterized by false rumors that insult the honor and dignity of individuals.
Such intrigues lead to the loss of reputation of citizens who have become victims of gossip.
In addition, as a result of such actions, the relationships of the entire team deteriorate, and labor productivity drops.
In such cases, various fictional stories become the topic of gossip. The goal of the slanderer is considered to be to discredit a specific employee.
Education workers are often subject to similar attacks. However, an unhealthy atmosphere also occurs in offices, banks, and shopping centers.
Here the determining criterion is the desire of the offender to discredit the image of the victim.
Attention ! A typical example of the described phenomenon is children’s accusations against the teacher. Moreover, the ingenuity of students in such circumstances leads to negative consequences for the accused employee.
The main rule for countering unfair rumors is publicity of ongoing events. If the victim identifies the source of the false information, proving his own innocence becomes an easy task. However, in this case it is appropriate to proceed with caution so as not to create grounds for already substantiated accusations.
Slander of a teacher
The status of a teacher is especially important, since thanks to him, good relationships are formed not only with the entire team, but also with the students. The quality of the classes and the general environment will depend on it.
There are no special norms and laws for bringing the offender to criminal sanctions for defamatory actions towards a teacher. However, the victim can do the following:
- contact your supervisor;
- contact the police.
In both cases, you will need to draw up a statement setting out all the facts of slander.
Protection method
Let's take a closer look at the question of how to deal with slander at work. Psychologists say that it is inappropriate to remain silent here. A mirror response, when the rumor victim uses the same methods, is also not considered an appropriate method. In such circumstances, the person who has been slandered has the following two ways to solve the problem:
- peace agreement;
- complaint to official structures.
Psychologists recommend starting with the first method. An open solution to a potential conflict and the question: “Why are you slandering?” smooth out misunderstandings and help reach consensus with your opponent. If this option does not help, the appropriate measure is to launch the official process of the case.
Peaceful solution to the problem
In such cases, the affected employee should notify the supervisor of what is happening. The appropriate form here is a memo outlining the circumstances of the case. In addition, in this letter it is advisable to ask for a general meeting so that the parties have a chance to argue their own position.
An open showdown sometimes saves the situation.
This is where it is appropriate for the victim to come forward and deny the allegations. Moreover, providing evidence of innocence in such cases is an optional step. The main thing is to convey to the team the danger of the situation. If the employer is interested in a streamlined work process, the described method is enough to resolve the conflict.
Important ! Feel free to name the people who have been spreading false information.
Openness in such matters becomes a guarantee of a successful conclusion to the conflict . Moreover, in the case of notifying management, psychologists recommend contacting the HR manager, immediate supervisor and director of the enterprise. Administrative workers know how to resolve such troubles in the bud and restore normal relations between colleagues.
Legal way
If the method described above does not bring the expected result, a legal solution to the problem is required. In such cases, it is appropriate for the victim to remember that the law provides for criminal prosecution for spreading offensive gossip .
Art. works here. 128.1 of the Criminal Code of Russia. In addition, the civil rights of Russians are protected by the provisions of the Constitution, Article 152 of the Civil Code and Art. 33 APK.
As for the mechanism for defending what is right, it requires filing a lawsuit to protect one’s own dignity. Among the demands, the plaintiff has the right to indicate compensation for moral damage caused by the malicious actions of the violators.
Lawyers recommend involving practicing lawyers in such cases , who will competently draw up an application and formulate a list of requirements.
Attention ! Court hearings require a prepared evidence base.
Accordingly, in such circumstances, the injured employee requires the support of witnesses who are able to refute the false accusations or documentation collected in the case. The claim contains information about the plaintiff and the defendant. In other words, here the source of the gossip is first identified, and then specific steps are taken.
Prosecution's position:
In his statement, the private prosecutor made two main points:
The fact that the fact of distributing leaflets was proven in the case.
The fact that he is not a drug addict, he did not have arrears in alimony, he did not borrow money from friends, relatives, acquaintances, and accordingly the phrases indicated in the leaflet are false and discrediting his honor, dignity and business reputation.
In support of his position, the private prosecutor added to the materials of the criminal case certificates confirming the absence of arrears in alimony at the time of filing the application, certificates from dispensaries containing information that he was not registered with a narcologist and a psychiatrist.
Evidence of innocence
Evidence that the victim is right guarantees a successful solution to the problem
Now let's discuss what arguments will convince the court that the plaintiff is right.
Such cases require an individual solution to the problem, which is determined by the nature of the rumors.
If gossip is aimed at discrediting the health of the injured employee, then a medical report about the true state of affairs becomes relevant evidence.
When it comes to a person’s inadequacy for the position held, the plaintiff cites the company’s internal papers, which indicate specific responsibilities and documentation with performance indicators, in his own favor.
Moreover, the testimony of colleagues is considered a weighty argument here.
However, in cases where the rumor monger did not realize that he was spreading false information, the court excludes the criminal liability of such a person. What to do if you are accused of fraud, read this material.
The manager spreads gossip
Let's figure out what to do with slander at work if the rumors come from your immediate supervisor. Such circumstances indicate a desire to “get rid” of an unwanted employee. The ultimate goal of such gossip is to reduce the bonus, transfer to a low-paid position or fire the victim. Accordingly, here it is difficult for the boss to prove the unconscious dissemination of false information.
When such rumors result in actual losses to the victim, lawyers talk about the need for litigation. In such circumstances, holding a legal entity accountable is impossible, but the injured person still has a chance to regain lost ground. If the superiors’ guilt is proven, the judge makes a decision on compensation for the employee’s material losses.
Important ! During the trial, it is required to provide evidence to the court that the information disseminated by the manager is false accusations.
Envy of colleagues
Now let’s discuss in more detail the case when false information is disseminated by employees of a particular employee. There are probably two options here - the person who spreads the gossip is confident in the correctness of these words, or the rumors appeared with a certain intent. The second option poses a threat to the person who is the target of false information.
Here the goal of the gossip is to destroy the reputation of a competitor in order to build his own career. Accordingly, in such circumstances it is impossible to do without notifying the administrative staff of the company. The sluggish reaction of management is a reason for active action in the legal field - filing a lawsuit.
What to do if you are accused of theft?
Many people get lost in such a situation - especially decent people for whom an honest name is valuable. Citizens are trying to prove that they are innocent. Each case is individual, events may be different. That is why we recommend not to try to prove innocence on your own, but to enlist the support of a competent lawyer.
Filed a complaint about money theft
The most important rule in such a situation is not to panic and stick to your line.
Rules for communicating with the police:
- if you have a lawyer, ask him to come urgently; if he cannot do this, get a consultation remotely;
- do not talk to the police until a defense lawyer appears;
- behave correctly and confidently, listen to all the evidence and accusations. Pressure, as a rule, is applied only if there is no evidence of guilt;
- do not respond to offers to return money. If you give them back, it will be an indirect confirmation of guilt.
In order for the court to impose a punishment, evidence is needed. These include:
- documentation;
- video recordings;
- audio recordings.
If there are none, according to the law, prosecution is impossible. But as experience shows, people often encounter prejudice and incorrect actions by the police. In this case, it is best to enlist the support of a lawyer who will help you prove your non-involvement in the accusation.
During the investigation it is necessary:
- stick to one line of defense and insist on the falsity of the accusations;
- if there are witnesses who confirm that you are right (the more evidence in your favor, the better), tell the inquiry officer (investigator) about this;
- apply for recordings from cameras installed at the place of the alleged theft, and at the place where you were at that time.
Note!
All written requests must be sent by postal mail or delivered in person. In the second case, ask for a receipt stamp on your copy. All unfounded refusals should be appealed to the prosecutor's office or a lawsuit should be filed.
For your own protection, you can write a statement about intentional accusations (according to Article 306 of the Criminal Code of the Russian Federation). The punishment for such an offense is quite serious.
Unpleasant situation in the store
Supermarket security is responsible for maintaining order in the store and preventing possible theft. Any buyer may find himself in a situation where a person is groundlessly accused of theft by a security guard who wants to earn an additional bonus.
Employees usually demand to see the contents of pockets and bags. This is illegal. The security guard can only detain the citizen until the police arrive.
Sanctions by law
The minimum fine for libel is 500,000 rubles. An alternative to such payments is the equivalent of the defendant’s earnings for six months or 160 hours of community labor.
If such speeches were of a public nature, the amount of the fine increases to 1,000,000 rubles or confiscation of the income of the guilty person for the past year. Correctional work in this case is extended to 240 hours.
If it is not possible to independently reach mutual understanding, the court puts an end to the dispute between the parties
In circumstances where the source of false information is the employee’s manager, who used his official position to spread gossip, the fine increases to 2,000,000 rubles.
Another penalty in this case is community service for 360 hours or transfer of earnings for the last 2 years to the state.
Attention ! Slander aimed at distorting information about the illness of the victim of rumors is fraught with sanctions of up to 3,000,000 rubles.
In such circumstances, the court takes into account that the injured person was attributed to a disease dangerous to society, from which he does not suffer. If the gossip is aimed at accusing the employee of committing a criminal violation, the punishment involves the maximum measure. Here the defendant pays up to 4,000,000 rubles to the treasury or spends up to 480 hours on public works.
Features of initiating criminal cases
Cases of libel without qualifying criteria are classified as private prosecution cases. In this case, a criminal case is initiated at the initiative of the victim. He acts as a prosecutor, submitting the statement of claim to the magistrate. Cases of private prosecution are not controlled by government services, and therefore a criminal case can be terminated by agreement of the parties.
If one of the qualifying criteria is present, we will be talking about a case of public prosecution. Not only the victim himself, but also law enforcement officers who notice such a violation can initiate paperwork. For example, a post on social networks accusing someone of sexual harassment may trigger the initiation of a criminal case.
After studying the information, law enforcement officers can initiate an investigation. If during the investigation it is established that false information has been disseminated, a criminal case will be initiated. In such cases, reconciliation of the parties is not a sufficient basis for termination of the process.
For example, a woman posted on a social network about her boss’s harassment. She indicated the date of the New Year's corporate party, during which the manager behaved inappropriately. Law enforcement officers decided to check this information. During the check, it was discovered that on the specified date the citizen was absent from the city. A criminal case was opened against the slanderer.
What to do if you refuse to initiate criminal proceedings
To begin criminal proceedings, strong evidence is required. If there are no grounds, law enforcement may refuse to initiate a criminal case. If a citizen acts as a private prosecutor, then a judge who considers the charges to be unfounded can terminate the proceedings. Such actions can be challenged in a higher court.
Having received a refusal to initiate a criminal case, a citizen also has the right to receive compensation for moral and material damage from the offender. To do this, you must file a civil lawsuit.
Qualification of fraud in the Criminal Code of Russia
In accordance with the meaning of Article 159 of the Code of Criminal Procedure of Russia, a criminal act qualified as fraud is understood as the actions of a criminal, the purpose of which is the appropriation of property values that are the property of another citizen. It is committed by misleading him or by violating his trust.
In other words, the owner of property values either voluntarily gives them up in favor of the fraudster, or does not resist him when he takes away the values in any way.
When a citizen is unfairly accused of fraud, the first thing he will have to prove is the absence of malicious intent in his actions in the form of deception or a desire to take advantage of the victim’s trust. If the indicated signs of a criminal act are absent, then it cannot be classified as fraud, but there may be elements of another crime.
