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10:54 p.m. • 2-12-12

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From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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Can the accused file a civil suit against the accuser regarding a racial discrimination claim that was thrown out?
Question: Accuser files a racial discrimination claim against a Defendant with the
EEOC....

EEOC throws it out as unsubstantiated....

Can the accused (defendant) bring a civil suit for slander/false
accusation/etc. against the accuser? (if a suit could be brought...
what would it "fall" under?)

(the accuser filed a similar claim when terminated from a previous
job... and upon further investigation, has done so whenever employment
was terminated in the past).

Answer: You are implying the person has abused process. Your problem is that liable and slander are hard cases to prove. Some say that libel and slander belong to the rich because only they can afford to pay the high dollar cost of bring these cases which are usually not very financially rewarding. Further, the law is designed to protect persons who speak out with civil rights complaints by giving everyone the privilege to file EEOC claims without fear of intimidation. You then find yourself being treated as some awful kind of collateral damage. Abuse of process cases are very very hard. You would almost have to written proof that she malicious brought a series of charges that she believed were in fact false in order to harm and injure you. Assuming all this is true and all of what you say is true and based on malicious and evil motives on her part, I assume you have no plan on how to document, show and prove all this. Perhaps going to an experienced libel lawyer that you could find in the yellow pages or lawyer referral could ease your mind, be I am not optomistic about your chances. Sometimes, we just have to recover from experiences with toxic people. Really good luck. I am sorry for your hurt.
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