California Employment Law

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Do I have alternatives with civil matters against former employees

who lied about me during...
Do I have alternatives with civil matters against former employees who lied about me during the workers comp investigation. The defamation to my character, reputation, and creditability has affected my employability. If I file a civil case against each (10) total. What can I expect their reaction.

Do I need to send them a letter to stop and decease letter first?
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Answered in 18 minutes by:
9/7/2012
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,381
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to answer your question. I am very sorry to hear about what you are going through.

There is no requirement in the state of California to file a cease and desist letter against a private party before initiating a lawsuit for defamation against them.

While you certainly can sue if any false statement of fact was made about you that caused you to incur damage, defamation suits under these circumstances can be very difficult to win. This is because you will need to prove not only that they made the statements you are claiming, but that the statements are actually false. The inevitable result is that you will be forced to present evidence disproving the allegations (the burden here falls on you), and this can become highly intrusive into your personal affairs.

In terms of the reactions of the people you sue, I'm sure they won't be happy. They may hire defense attorneys who can propound discovery (demand you to produce information), take your deposition, and file motions to dismiss your case.

To be entirely candid, the sort of lawsuit you describe is winable with the right facts, but would be a substantial undertaking. This is not to say "dont proceed," but rather that if you are going to do so, you do so with realistic expectations of what you are getting yourself into.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,381
Experience: Significant experience in all areas of employment law.
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Customer reply replied 5 years ago


yes, I filed a workers comp case against my employer for two major reasons. Injuries sustained for work outside my position description and for abusive behavior.


 


I had a deposition.


 


From the depo, my attorney referred to me three other attorneys, but kept my workers comp case?


 


Is this normal? I was refered to attorneys for defamation, employment law, and criminal allegations.


 


I had a AME ruling. Some injuries require further referrals to specialist for ruling, but current ones are industrial related.


 


What does that mean?


 


When I ask my attorney, she is good at sending me letters for the referrals. But when I request to meet or talk with her she is very short with me.


 


This is not personal. I just want to know if this is normal.


 


I had an interactive accomodations meeting, this week, she sent me a certified letter telling me she will not be there. She only hands the workers comp.


 


I am confuse. Please advise


 


Will the recommendation from the AME help me now with my case? I am not getting worker compensation, mileage, or gas to attend my appointments.

Maria,

Thank you very much for your positive rating of my service.

"From the depo, my attorney referred to me three other attorneys, but kept my workers comp case? Is this normal? I was refered to attorneys for defamation, employment law, and criminal allegations."

Yes, this is normal. Most attorneys specialize in either one or two subsets of the law and so it is very common for an attorney to handle one matter for you, such as workers comp, but refer you to other attorneys for other matters.

"I had a AME ruling. Some injuries require further referrals to specialist for ruling, but current ones are industrial related. What does that mean?"

As I just noted above, attorneys tend to specialize in one or two areas of the law. Workers comp is unique in a number of ways, and I am afraid I do not have adequate expertise in this area to comment on this particular concern of yours. You would have much better luck re-posting this as a separate question in the Personal Injury category here on Just Answer to get an answer to this question. Since you are a subscription customer, there is absolutely no additional charge for this.

"When I ask my attorney, she is good at sending me letters for the referrals. But when I request to meet or talk with her she is very short with me. This is not personal. I just want to know if this is normal."

I would not say this is normal. Your attorney should not make you feel like you cannot contact her with questions. If she does not have the time to spend on your case, you are free to hire a different attorney--it's all a matter of what you are comfortable with. As long as your requests to speak to her about your case are reasonable, she should have no problem talking to you to address your concerns.

Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. I would be very grateful if you would again provide a positive rating for my service, as this will not result in any additional charge to your account as a subscription customer but will allow me to receive credit for assisting you.

Kindest regards XXXXX XXXXX wishes moving forward.

Kindest regards.
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,381
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other California Employment Law Specialists are ready to help you
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Patrick, Esq.
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