Legal Question in Business Law in California

In 2008 I was fired by my boss for discovering that he was having an affair with a college student. At the time my partner (my girlfriend was working there as Office Manager at the time) and I were looking for a raise. This was found out during the discussion. Quickly after, our Boss asked us to sign a statement promising not to tell anyone about the affair, promising us severance, positive remarks on job applications, and allowing us Unemployment without a fight. In shock, we both agreed. About two years later, we found out that what he'd done was illegal (duh, us), and that it was also illegal that he'd had us sign paperwork without giving us a copy (we never did get out copies of the signed statement). We tried to find a lawyer at this time, and even called Legal Aids and Services, but no one was willing to help.

Now, I want to write a letter to his wife, telling her what happened. Even if we can't do anything else, I want to let her know what she's dealing with. If she divorces him, this may work in her favor, and I'd like to be able to help. My partner is afraid that this would be considered libel, despite the fact that we have e-mail proof, he went on a business trip with her (with CANON, if I remember correctly), bought her a GPS unit, et cetera. I don't see how he could even BEGIN to prove that we falsified information.

What do you suggest? Would a letter be alright? What should we do? This is only a part of the information, of course, but I believe that is al that is pertinent (oh, except that pretty much everyone else in the office knew he was cheating too).

Thank you in advance.


Asked on 6/14/11, 5:58 pm

4 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I suggest minding your own business. Destroying your former boss's marriage might make you and your girlfriend feel better, but his wife and children will be innocent victims. The cost to them does not seem remotely worth the benefit to you.

If you really have only legal -- as opposed to moral -- qualms about informing the wife, you may want to start a new relationship with a clergyman or psychologist.

That brings me to the legal issues. You're right that truth is a defense to defamation. That won't necessarily prevent your former boss from suing you. Defending a lawsuit is expensive and stressful, even if you ultimately win. Besides, he could also sue you for invasion of privacy, intentional infliction of emotional distress, and perhaps other causes of action. It's not clear to me that those claims would fail. The wife might sue you, too.

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Answered on 6/14/11, 6:10 pm
Isi Mataele 'Isi Mataele Attorney at Law

Fraud has a four year statute of limitation so you might have that right to sue him if he didn't provide it to you. It is not libel or defamatory if it is true. You could send the letter and then he could sue for breach but that would be a really weak case for damages for him. He could fire you for almost any reason if you were an at will employee.

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Answered on 6/14/11, 6:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Hoffman. Not sure the other answerer read all your facts. In addition, the limitations period for an action based on fraud is three years, according to Code of Civil Procedure section 338(d). Truth of the matter is a defense to a claim for defamation, whether libel or slander.

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Answered on 6/14/11, 7:26 pm
Anthony Roach Law Office of Anthony A. Roach

Your whole story sounds like extortion to me.

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Answered on 6/15/11, 4:16 am


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