Legal Question in Civil Litigation in California

Defamation at the Workplace

I was falsely accused by a subordinate of falsifying records that are submitted to my professional certification organization. As a result my status was investigated by my employer and I was required to resubmit proof of my status both to my employer and the certification board. The accusation was false. The accusation lead to my removal from my position. I was given another position within the ogranization at the same rate of pay. However I am certain that the false accusations have damaged my professional reputation within a rather small professional community. Additionally the emotional stress that this long ordeal has caused to my family and to myself has been horrible. Do I have any legal recourse against the individual who made the accusation? If so, is this defamation, slander or harrassment?


Asked on 11/30/00, 5:38 pm

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

Re: Defamation at the Workplace

The answer to your question would depend on many factors you do not address, including whether the subordinate actually (and reasonably) believed his statements to be true and whether he was under a duty (a legal duty, perhaps, or a job requirement) to make such a report. If he did not reasonably believe in the truth of his accusations and is not protected by a legal privilege, you may have a good case for defamation.

You ask whether the case would be for "defamation, slander or harrassment". Slander is one form of defamation and is not a separate tort. If a defamatory statement is made in writing, it is called libel; it is's spoken, it is slander. Both are defamation and are otherwise alike in almost all respects.

Whether this would be harrassment is another story, and again I cannot answer with the limited information you have provided. I would need to know how often the reports were made, to whom, and with what motive.

You should probably talk to a lawyer to explore these and other areas. Feel free to contact me if you like.

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Answered on 12/04/00, 1:38 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Defamation at the Workplace

There are too many blanks in your question to give you a complete answer. I would be happy to discuss this matter with you. If you are located in Southern California you may give me a call for a free telephone consultation at 818-342-8020 x1

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Answered on 12/04/00, 5:33 pm


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