California Employment Law
California Employment Law Questions Answered by Legal Experts
Good afternoon Bob,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.If you employment contract requires that you be given a 60 day advanced written notice of termination, and that is not being given, then you have the right to sue the company for Breach of Contract.As for the false accusations made against you, while you cannot hold your company legally liable for such false allegations, you may indeed sue the party who made the false statements of fact for Defamation.
From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. 1. Slander typically involves an oral (spoken) representation. 2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.
In order to win a defamation case, you must prove the following:
While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.
The law generally recognizes four types of Defamation Per Se:
1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.
2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.
3. The third category deals with allegations of sexual deviance or the lack of being a virgin.
4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.
In order to gain the most in terms of leverage in any settlement discussions, my strong suggestion would be that you immediately retain a local employment law attorney to deal directly, and on your behalf, with your company.
Finally, the raising of your voice does not constitute workplace vioplence, or a hostile work environment. Many people are under the mistaken impression that if they are not treated well at work, or if they are gossiped about or berated by fellow employees or their boss, that as a consequence they are being subjected to a Hostile Work Environment and have a viable legal claim as a result. However, the US Supreme Court has weighed in on the subject, and ruled otherwise.
The US Supreme Court has held that harassment and hostile environment laws were not meant to create a code of civility within the workplace. The phrase “Hostile work environment" is legal terminology, and relates to discrimination which is federally prohibited—race, color, national origin, religion, sex, age or disability. Absent proof that the hostility you complain of relates to one of the prohibited acts of discrimination, then I’m afraid that you have little solid ground to stand on with regard to legal redress.
You may reply back to me again, using the Reply to Expert link, if you have additional questions.I wish you the best in your future,Doug
To clarify: In regards XXXXX XXXXX claim against me, i did raise my voice when addressing employees in regards XXXXX XXXXX vandalism incident in the bathroom, in order to be heard... however no individual employee was singled out. The employee in question has made the false accusations against me with regard to workplace violence, because her first lie didn't pan out.... so what your saying is that a loud voice is not just cause for termination...
you said: "As for the false accusations made against you, while you cannot hold your company legally liable for such false allegations, you may indeed sue the party who made the false statements of fact for Defamation."
what about the fact that when informed that the original allegation re: cameras was false, the company did not reverse its decision.
I contacted you in June regarding a wrongful termination. Negotiations have ceased at this point and i am going to file. I have written the Tort and wonder if you would be willing to review it for me.
Good morning Bob, I'm sorry that this hasn’t been resolved for you. Unfortunately, I am not allowed to review legal documents for you as that would make me your attorney---and would thereby violate the terms of service of JustAnswer. You will need a local discrimination attorney to look at the pleading for you. I do wish you success! Doug
Well thanks anyways
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