“And I feel like futhi ngizokhuluma, anginandaba. That I have been the one to catch the fucking smoke, with these people saying things like “she quit her job.” It wasn’t me, it wasn’t my decision, nginitshele; they wrote me off. That is the truth, and nothing but the truth. I was just thinking about this the other day and exclaiming, “really, eff it,” because I am so sick of being me. I feel very exhausted from catching so much smoke. It wasn’t me; it wasn’t my decision,” Nomvelo Makhanya stated.

Lindiwe, Nomvelo Makhanya in hot soup with etvScandal
Makhanya also reveals that her departure from Scandal! was predetermined by God, as she had been praying for it to end. However, she also emphasizes that leaving was never her option. However, she has been begging for her departure from the program for far too long.

It was God’s plan, I’ll tell you that, since I’ve been praying, but it wasn’t my decision. Mekungasiyona eyami, but isenzo sankulunkulu, imkhuleko mekweyami, if you are able to comprehend these two concepts. I have desired to leave, I have desired to escape that location. Regarding myself, I had been praying about it. When it eventually occurred, it felt as if God was evacuating me from that toxic environment, as Nomvelo Makhanya explained.

We frequently hear of musicians taking their own deaths for a variety of industry-related reasons. However, Makhanya’s suggestion that there was a high likelihood of her committing suicide due to her acting career and her role on Scandal! is proof that a great deal occurs behind closed doors as a result of artists committing suicide.

Lindiwe, Nomvelo Makhanya in hot soup with etvScandal
“If it weren’t for Ngicishe ngafa and bengizophuma ebhokisini, I probably would have killed myself. There was an 80%…90% possibility, given how hazardous the location was, said Nomvelo Makhanya.

Makhanya’s decision to break her silence has dispelled numerous myths, including the notion that she put her romance ahead of her work. The SAFTA-winning actress stated on Instagram live that she had no plans to return to acting in the near future.

“I have no intention of working on a soap opera anytime soon…

I want to pursue other things, but being on a soap opera will prevent me from doing so. Nomvelo Makhanya stated, “If it’s part of God’s purpose for me to be on a soap opera, I’d probably stay for 6 to 12 months at most.”

IT WAS AFTER LINDIWE MADE ALL THESE ACCUSATIONS THAT FANS STARTED TO BELIEVE THAT ETVSCANDAL IS GOING TO SUE LINDIWE FOR DEFAMATION.

In what situations can an employer file a lawsuit against an employee?
Typically, when we discuss employment litigation, an employee sues his or her employer.

can an employer sue an employee
However, there are other scenarios in which an employer may need to sue an employee.

The Miller Law Firm has successfully represented a number of employers who have needed to sue an employee for violations such as noncompetition agreement violation, employee theft, and breach of fiduciary duty.

If you believe you have a legal claim against an employee, we can answer your questions and explain your available alternatives.

To help you get started, we have produced summaries of the most typical types of claims made by companies against their employees.

Breach of Duty of Loyalty

Some employees are agents of the organization for which they work. Consequently, these workers owe their employer obligations of loyalty and care.

In other words, they are expected to act in their employer’s best interests and refrain from doing anything that would be detrimental to those interests.

Examples of employee breaches of fiduciary duty include:

Self-dealing (doing anything that benefits the employee at the expense of the employer);
acting on behalf of a third party whose interests are in conflict with those of the employer;
Not using reasonable care to perform work obligations;
In the case of sales representatives, failing to present the employer’s product as instructed;
Withholding material information from the employer; and Disclosing sensitive or trade-secret information.
You have the right to seek compensation if any of these activities or any other violation of fiduciary responsibility by an employee causes injury to your business.

Violation of Employment Contract

Most of the time, employees are “at will” and are not bound to an employment contract.

However, you may have an employment contract with an employee that requires them to perform specific tasks, prohibits them from taking particular actions, or requires them to provide a certain period of notice prior to quitting.

Most commonly, employment contracts are utilized with highly trained employees or those who have a stake in the company.

If an employee breaches a material term of their employment contract, you can sue them for any damages. For instance, a contract may provide that an employee must provide two weeks’ notice before resigning. You could file a claim against the employee if they subsequently quit without notice, causing you to lose revenue.

Defamation

Although everyone has the right to free speech, they do not have the right to willfully make false assertions that harm your business. If a current or former employee shares false information about your company, you have the authority to hold them accountable.

To file a slander lawsuit in Michigan, you must demonstrate:

They made a false and defamatory statement about you; they communicated the statement to a third party; the communication was not privileged; they were at least negligent regarding the statement’s veracity; and the statement caused you harm or was so egregious that it constitutes “defamation per se” (such as a claim that you committed a serious crime).
Remember that libel only applies to false assertions. You can only sue an employee for defamation if you can prove that what they said was false. Although you can likely fire an employee for disparaging your company, you can only do so if you can prove that what they said was false.

Infringement of a Non-Disclosure or Non-Solicitation Agreement

Your employees have access to a wealth of confidential company information. You must have faith that they will maintain the privacy of this information. To ensure this, many businesses require their employees to sign non-disclosure agreements.

Depending on the nature of the employee’s work, non-solicitation and non-compete clauses may also apply.

If an employee violates any of these agreements and causes you harm, you can sue them for damages.

Tortious Interference

Tortious interference happens when someone intentionally sabotages a business contract or relationship. Michigan’s malicious interference consists of four elements:

You have an existing or reasonable expectation of a business relationship with a third party; the defendant was aware of the relationship or expectation; the defendant intentionally interfered with the relationship, causing the third party to breach or terminate the relationship; and you suffered damages as a result.
This type of employee behavior likely constitutes both tortious interference and a breach of fiduciary duty. You may be able to suit for damages against the employee.

Destruction or Theft of Business Assets

If an employee steals or damages corporate property, you may be able to bring a civil action for conversion against them. This would be in addition to any potential criminal sanctions. You can bring a conversion claim under either common law or statute in Michigan.

You can claim damages for the value of your property under common law by just demonstrating that the other party improperly exercised control over your property and deprived you of its use. An example would be an unhappy employee damaging a large amount of office furniture in your office.

If you can further demonstrate that the individual placed the property to their personal use, you can recover extra damages through a statutory conversion action. According to the Michigan statute on conversion, you could receive three times the amount of your actual losses, plus costs and attorney fees. This may happen if the employee stole the furniture, sold it, or moved it to their home office.

Contact Miller Law Firm Immediately

If you need assistance with a lawsuit against an employee, call or email the Miller Law Firm. Since over twenty-five years ago, we have represented employers in Michigan and throughout the country. We recognize the significance of your business to you and will work diligently to assist you safeguard it.