Results 1 to 10 of 10
  1. #1
    Join Date
    Dec 2009
    Posts
    15

    Default Defamation Suit, Wrongful Accusation

    I'm in California.

    Why isn't there a good lawyer who can challenge at will employment when someone can be let go / fired from accusations that he didn't do. I have the legal recording that can prove I didn't do it.

    In my case, I've been given a letter of warning and in it, much of it is inaccurate but the biggest lie that I'm accused of is that I leaked confidential information on one particular phone call. I have the recording, legal recording (customer was notified on every call). I anticipate that after I write my rebuttal, I'll be further targeted with retaliation. At this point, I don't have enough skills to leave, especially in this economy.

    Despite at will employment, If I'm let go why can't I sue and win with lost wages and defamation? The letter of warning contains absolute false information for purpose to fire. The false allegation affects promotion, pay raise, and any possibility to be hired by other divisions within the department if it is read by other managers.

    The real reason why the letter of warning was written is because there are two bullies at work which my manager relies on. It is not illegal to bully yet, but does this mean that I won't win if I sue? Give me the scoop here. Explain about fairness and how and if it even comes into play with at will employment. Yes, I've read about at will employment, but it doesn't seem to protect much but the very obvious.

    My company does have policies with regard to integrity and respect.

    I'm not terminated yet, but I need to write my rebuttal. My manager is still dragging her feet in giving me the other recordings though I've notified HR that I've requested them for a few weeks on my third requests. Recordings should be easy to get, a matter of minutes.

    Though there may not be laws out there for work place bullies, isn't there some brave lawyers who are out there that can piece the logic together?? It's crazy to have laws out there before one can sue. Just because it's not illegal doesn't mean I can't win does it??

    If necessary please feel free to send me a private message.

    Advice?

    Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Defamation Suit, Wrongful Accusation

    I'm in California.

    Why isn't there a good lawyer who can challenge at will employment when someone can be let go / fired from accusations that he didn't do. I have the legal recording that can prove I didn't do it.

    Because they can fire you for just about any reason they wish which isn't protected by law (such as your race, gender, religion etc). They don't need proof that you did something to fire you.

    In my case, I've been given a letter of warning and in it, much of it is inaccurate but the biggest lie that I'm accused of is that I leaked confidential information on one particular phone call. I have the recording, legal recording (customer was notified on every call). I anticipate that after I write my rebuttal, I'll be further targeted with retaliation. At this point, I don't have enough skills to leave, especially in this economy.

    Despite at will employment, If I'm let go why can't I sue and win with lost wages and defamation? The letter of warning contains absolute false information for purpose to fire. The false allegation affects promotion, pay raise, and any possibility to be hired by other divisions within the department if it is read by other managers.

    Because I don't think you understand what "at will" actually means. Very simply, neither you nor your employer need to give a reason to terminate your employment.

    The real reason why the letter of warning was written is because there are two bullies at work which my manager relies on. It is not illegal to bully yet, but does this mean that I won't win if I sue? Give me the scoop here. Explain about fairness and how and if it even comes into play with at will employment. Yes, I've read about at will employment, but it doesn't seem to protect much but the very obvious.

    What is fair doesn't really come into it, I'm afraid. Your employer may treat you completely unfairly and it may still be perfectly legal.

    My company does have policies with regard to integrity and respect.

    I'm not terminated yet, but I need to write my rebuttal. My manager is still dragging her feet in giving me the other recordings though I've notified HR that I've requested them for a few weeks on my third requests. Recordings should be easy to get, a matter of minutes.

    Though there may not be laws out there for work place bullies, isn't there some brave lawyers who are out there that can piece the logic together?? It's crazy to have laws out there before one can sue. Just because it's not illegal doesn't mean I can't win does it??

    If necessary please feel free to send me a private message.

    Advice?

    Thanks.

    Well...actually yes. That does mean that you won't win. You have to bear in mind that "unfair" does NOT equate to "illegal".

  3. #3
    Join Date
    Dec 2009
    Posts
    15

    Default Re: Defamation Suit, Wrongful Accusation

    Then what makes it even possible to win?? It seems people shouldn't even sue no matter how ridiculous it is unless it's in the protected class.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Defamation Suit, Wrongful Accusation

    Quote Quoting grecord
    View Post
    Then what makes it even possible to win?? It seems people shouldn't even sue no matter how ridiculous it is unless it's in the protected class.

    In a nutshell...yes. Unless you were fired specifically because you belonged to a specific protected class, there is usually no legal recourse.

    Is it fair? Not necessarily, no. Is it discrimination? Perhaps - but then I could fire you because I don't like the color of your hair, for example. This would be perfectly legal. Unfair and discriminatory, yes - but legal.

  5. #5
    Join Date
    Dec 2009
    Posts
    15

    Default Re: Defamation Suit, Wrongful Accusation

    I'm reading more and more stuff about at will employment, and there are some exceptions.

    Aside from the protected class, there exist 3 other protections, and one of them is:
    Covenant of good faith and fair dealing, which applies to california. The other one is Implied-contract exception, which I thought would apply to my company's policy with regard to integrity and respect.

    appreciate if someone can read part of this before replying:
    http://www.bls.gov/opub/mlr/2001/01/art1full.pdf

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Defamation Suit, Wrongful Accusation

    Grecord, defamation must generally be based on a communication to a 3rd party. If they forwarded such false information to a prospective employer, you could possibly have a cause of action there, and maybe, if CA has a no blackball statute, a COA there.

    If the information is internal only, no COA exists.

    Now, the other matter is the supposed covenant of good faith and fair dealing. Although such COA exists, the facts to support a legal complaint must be very very specific and the only way to determine that is an interview with a CA attorney who specializes in employment/labor law. For a layman to try to decipher case law, even if you read some at a law library, it is not advised to proceed Pro Se, meaning a suit on your own. Companies have business ins. to defend such suits and it means nothing to them if a current/former employee files suit.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Defamation Suit, Wrongful Accusation

    Quote Quoting BOR
    View Post
    Grecord, defamation must generally be based on a communication to a 3rd party. If they forwarded such false information to a prospective employer, you could possibly have a cause of action there, and maybe, if CA has a no blackball statute, a COA there.

    If the information is internal only, no COA exists.

    Now, the other matter is the supposed covenant of good faith and fair dealing. Although such COA exists, the facts to support a legal complaint must be very very specific and the only way to determine that is an interview with a CA attorney who specializes in employment/labor law. For a layman to try to decipher case law, even if you read some at a law library, it is not advised to proceed Pro Se, meaning a suit on your own. Companies have business ins. to defend such suits and it means nothing to them if a current/former employee files suit.

    But if the employer truly believed the statement - as opposed to making the statement maliciously, knowing it was false - there is no COA. And trying to prove/disprove that will be virtually impossible.

    OP, the bottom line is, if you wish to file any sort of defamation suit be prepared to invest 3 years, and $30,000. And I believe I'm being very conservative with those estimates.

  8. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Defamation Suit, Wrongful Accusation

    Quote Quoting Dogmatique
    View Post
    But if the employer truly believed the statement - as opposed to making the statement maliciously, knowing it was false - there is no COA. And trying to prove/disprove that will be virtually impossible.

    OP, the bottom line is, if you wish to file any sort of defamation suit be prepared to invest 3 years, and $30,000. And I believe I'm being very conservative with those estimates.
    That is why I said that the facts must be very very specific to support a COA.

    If, say for argument sake, an attorney feels the case good enough, it will no doubt be handled on a contingency basis, as the average working Joe does not have money to pay an attorney an hourly/weekly rate. Out of pocket expenses may be a filing fee, etc.

  9. #9
    Join Date
    Dec 2009
    Posts
    15

    Default Re: Defamation Suit, Wrongful Accusation

    Can someone explain what's CA and COA? It helps to define before usage.

    Thank you.


    Quote Quoting BOR
    View Post
    Grecord, defamation must generally be based on a communication to a 3rd party. If they forwarded such false information to a prospective employer, you could possibly have a cause of action there, and maybe, if CA has a no blackball statute, a COA there.

    If the information is internal only, no COA exists.

    Now, the other matter is the supposed covenant of good faith and fair dealing. Although such COA exists, the facts to support a legal complaint must be very very specific and the only way to determine that is an interview with a CA attorney who specializes in employment/labor law. For a layman to try to decipher case law, even if you read some at a law library, it is not advised to proceed Pro Se, meaning a suit on your own. Companies have business ins. to defend such suits and it means nothing to them if a current/former employee files suit.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Defamation Suit, Wrongful Accusation

    CA = California.

    COA = Cause Of Action.

    1. Sponsored Links
       

Similar Threads

  1. Defamation: Defamation Through a Wrongful Theft Accusation
    By purebred in forum Defamation, Slander And Libel
    Replies: 6
    Last Post: 07-18-2011, 11:11 AM
  2. Defamation: Wrongful Accusation of Theft
    By lilichka07 in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 07-11-2011, 08:12 PM
  3. Vandalism and Mischief: Wrongful Accusation of Destruction of Property
    By Qyetstormm in forum Criminal Charges
    Replies: 1
    Last Post: 02-18-2009, 01:17 PM
  4. Sex Offenses: Wrongful Rape Accusation
    By wronglyaccused in forum Criminal Charges
    Replies: 1
    Last Post: 02-07-2009, 10:16 AM
  5. Defamation: Suing Over a Wrongful Accusation
    By DMatch in forum Defamation, Slander And Libel
    Replies: 4
    Last Post: 09-27-2006, 03:08 PM
 
 
Sponsored Links

Legal Help, Information and Resources