Legal Question in Civil Litigation in California
Co-Worker Misuse of Private Email
I emailed a coworker from my home, on my private e-mail account, to her private email account. We are both contract employees (faculty at a small college). The e-mail concerned a matter that is embroiling our college, and about which we are on different sides. My message was worded professionally and conditionally (if, then, may, etc.). It implied, but did not assert, that she might be passing sensitive e-mail correspondence among faculty to our president. She promptly delivered my email to our HR department, claiming that it was ''threatening.'' Nothing in the letter remotely implies any kind of threat. She has not lodged a formal complaint, but the very idea that she would deliver, and that HR would not summarily reject, this message is upsetting to me. Can I prevent this from being entered in my permanent file? What are my rights?
1 Answer from Attorneys
Re: Co-Worker Misuse of Private Email
You can't really do anything about HR. Either they are smart enough to blow off bogus accusations or not. How do you know what she wrote to HR? Do you have a copy? If anything in the email is untrue and defamatory, and HR takes adverse action against you as a result, you could have a lawsuit. It concerns me that you have omitted so many facts, such as what is the "matter that is embroiling" your college. The exact text of your email, and hers, is especially important (all that's here is your opinion that your email was "professional" -- but your coworker found it "threatening.") If yours is a public college, you may have additional rights (and it might be illegal to employ you as a so-called "contract employee," whatever that means, instead of as a regular employee). Watch out for legal time limits which can bar lawsuits.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
