Legal Question in Business Law in California

possible extortion within workplace

2 employees are involved in this situation. Employee 1 is on layoff list and job will be eliminated. Employee 2 is acting as a friend, however, he may have asked the person to be laid off for a lump sum of money, paid to him in cash, if the other guy offers to tak an unpaid leave in hopes to save the first guys job. Isn't this extortion? This may not be true, but I want to ask the question in case I learn it is truly going on?


Asked on 12/22/08, 3:15 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: possible extortion within workplace

No, it's not extortion....extortion involves a threat to do something if the victim doesn't do something. This doesn't fit the definition.

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Answered on 12/30/08, 5:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: possible extortion within workplace

I don't see how it could be. Employee 2 didn't cause Employee 1 to be laid off, and it doesn't sound like he caused the elimination of Employee 1's job. What's more, the layoff was evidently announced before Employee 1 made the proposal. There may be other problems with what Employee 1 has proposed, but I don't see how it could amount to extortion.

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Answered on 12/22/08, 3:26 pm


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