California Employment Law
California Employment Law Questions Answered by Legal Experts
Good afternoon Maripaz, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.You can do more than just complain internally about the false allegations of fact she made against you to the company---though you should file a complaint against her, but perhaps stop short of demanding that the employer force her to apologize. You may also sue her in court 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 the non-business setting, where is it not your business which has been defamed, most cases involving defamation can be appropriately handled in your local small claims court. Filing your lawsuit is easy, and your case will typically be heard in 30 to 60 days.
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