Slander at work is quite common and frequent, despite the fact that it not only humiliates and spoils the dignity of decent people, but also negatively affects the overall reputation of the department, and sometimes even the entire organization. Such consequences appear when any rumors begin to spread in the team, and it does not matter who they concern.
To understand how to deal with defamation, it is necessary to become familiar with the characteristics of such inappropriate actions, as well as possible options for responding.
When independently analyzing a case related to slander, you need to consider:
- each case is unique and individual;
- even applying knowledge of the basics of the law cannot always give a positive result;
- the positive outcome of each situation will always depend on many factors.
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.
Why do I get calls from collectors?
If representatives of collection agencies start contacting a person, this means that the bank acted according to one of two popular scenarios:
- entered into a service agreement with agents under which they collect funds from the borrower;
- executed an assignment agreement, that is, in fact, resold the debt to a third party.
In the first case, the agency acts as an intermediary and offers to return the borrowed funds to the bank; in the second, in fact, it becomes a full-fledged creditor - the successor of the banking organization. In this case, the details and possibly the terms of payment change. Moreover, if the agency acts in accordance with the law and code of ethics, it is interested in helping its client and is ready to write off part of the debt or provide individual conditions.
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.
How can collectors communicate?
The negativity of most people towards collection agencies can be explained: until recently, their activities were regulated by law rather weakly, and as a result, people got used to aggressive and intrusive actions on the part of collectors. Today everything is not so, and the activities of collection organizations are regulated by Federal Law No. 230-FZ. It sets out the rules that agents must follow when contacting borrowers, and restrictions on calls and other methods of information.
Communication methods.
The law specifies a number of methods by which collection agencies can contact a person who has a debt. These include:
- phone calls;
- SMS and text notifications through a variety of channels;
- postal items;
- personal meetings.
Agents also have the right to call the borrower’s relatives and friends, but only if he indicated their numbers when concluding an agreement with the bank, and to clarify the debtor’s contact information. The collector cannot call phones obtained illegally.
Time and quantity.
According to the rules, a collection agency can contact a person twice a week, no more than once a day and eight times a month. On weekdays, the call must be made no earlier than 8 a.m. and no later than 10 p.m., on weekends the permitted interval is from 9 a.m. to 8 p.m. Personal meetings are possible no more than once a week and only by prior arrangement, and the collector can come to the borrower’s home , but has no right to enter the apartment.
Conducting a conversation.
At the very beginning of the call, the agency employee must introduce himself and state the name of the organization for which he works (you better write down this information so that it will be easier to make inquiries about the agency later). The agent must conduct the dialogue politely, correctly, on record, about which he must warn, and in no case use any types of psychological violence, do not threaten or manipulate, or use obscene language. A correct and respectful tone of conversation is a distinctive feature of conscientious collection organizations whose goal is to help the client.
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.
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.
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.
Why does the agency call at work?
Can debt collectors call you at work? Such situations do occur, and in them it makes sense to talk about one of two cases.
You indicated the number as a contact number.
Perhaps the banking organization from which you took out a loan asked you to indicate in the contract a work telephone number or other means of contacting your place of work. In this case, the bank has the right to disclose the data you provided to third parties when transferring the debt to the agency. Agents are legally allowed to call these numbers. But if your colleagues are not guarantors for the loan, collectors cannot tell them the details. All information protected by bank secrecy can be disclosed only after written consent; the agency has no right to disclose it without signing the relevant documents.
Data obtained illegally.
If you did not specifically indicate any information about your place of work when concluding an agreement with the bank, then the collection agency received this data in a way unknown to you. This violates the law and shows the dishonesty of the agents who act in this way. There are also situations in which debt collectors call the personal numbers of employees of the organization where you work: this is also illegal. There may be reason to believe that scammers are contacting you.
Awareness of the problem
The list goes on, as unscrupulous people become more sophisticated in their acts of violence every day. However, you must understand that such an attitude towards you is dangerous for you. It is useless to ignore this and think that everything will be resolved by itself. Realize that you are temporarily isolated (trapped). However, there are many ways out of it. The more time passes, the tighter the locks become. If you do nothing, then you will have to not only solve the problem with the offenders, but save your health and life. Therefore, recognize the problem and take active action.
Ways to fight
From this day forward, start documenting everything you do. Got an idea? Write it down and approve it in writing. Something was said, done, even the smallest steps were taken - mark it. You need to document your relationships with all your abusers. Before you say or do anything, be sure to write a statement and endorse it in accordance with all the rules. This also applies to your work (at each stage). Consider deadlines and make copies of instructions. All this will be useful to you for the fight. Then ask your superior for help.
Does not help? Move on. You can reach the highest echelons of power. Every conversation or request must also be documented. If it doesn't work out for you or you don't really value the job, move to another company. There, from the first day, control the situation so that nothing like this happens again.
Found a violation? Report content
Were you insulted?
Follow the law...
9.3), and in the Criminal Code of the Republic of Belarus (hereinafter referred to as the Criminal Code).
Thus, according to the Code of Administrative Offences, insult is understood as a deliberate humiliation of the honor and dignity of a person, expressed in an indecent form.
And the following measure of administrative liability is provided - the imposition of a fine in the amount of four to twenty basic units.
A more serious measure of liability is enshrined in the Criminal Code, since insult is again understood as a deliberate humiliation of the honor and dignity of a person, expressed in an indecent form, but already committed within a year after the imposition of administrative penalties for insult or slander.
What to do if a debt collector calls you at work
If the call to the workplace is legal.
If you really indicated the number the agent called in the contract, the optimal solution is to meet them halfway. Collectors operating within the framework of the law can offer you more favorable terms for debt repayment and help you get rid of financial obligations. Contacting them and discussing the possibility of an individual payment plan is better than trying to hide and thereby increasing the likelihood of litigation. Having seen that you are ready to interact, the agents themselves will be more willing to offer you affordable conditions.
If the call is illegal.
You understand that collectors should not know the numbers they are calling, which means we are talking about breaking the law. It is not worth contacting such agencies and supporting their activities. In such cases, it is recommended to contact the relevant highly specialized organizations, such as NAPCA (National Association of Professional Collection Agencies). The association's official website details what to do and how to file a complaint if debt collectors violate the law.
Additional legal characteristics of the phenomenon
In general, Article 5.61 of the Code of Administrative Offenses is devoted to insults. The work environment in the presence of such violations is not considered in separate paragraphs.
Boorish behavior will be considered an insult if the following conditions are met:
- Failure to comply with ethical standards in words or actions.
- The presence of a desire to humiliate the dignity or honor of the victim.
- A violation presupposes the presence of a performer, an addressee. In this case, all parties to the working relationship can play one of the roles - managers, subordinates, outsiders in the form of clients or partners.
When preparing a report of an offense, it is important to determine in advance whether the oral statement was obscene. This detail plays an important role. You can insult using only literary language if the meaning of the words remains obscene.
The most important part for cases remains evidence. It is good if there are witnesses who can confirm the incident. But you can’t always count on their testimony. Especially if the culprit is a manager.
Recordings from office video cameras also help prove the case. The same applies to a voice recorder turned on during a conversation.
