Legal Question in Civil Litigation in California

The tough part of defamation cases is not necessarily proving the defamation but rather the quantum and causation of damages. Employment blackballing cases are about as good as it gets, but it is still a tough and often costly proposition. You have to get the employers who turned you down to say that but-for the false references you would have been hired, and you have to convince the court and jury to ignore how speculative it is you would have kept and stayed in the job. You may have to pay expert witnesses to testify about the job market and you being unemployable. Emotional distress damages will require a psych expert, and so on. So it sounds like a valid case but by no means is it a sure thing that you could successfully prosecute it.

Although not that much easier, you might be able to also sue for intentional/negligent interference with business opportunity. I do not know if anyone has been successful in doing so in similar circumstances as your cases, but I think it might be easier to prove punitive damages as you are raisin;g the issue of her behavior more than the effects upon you. You will l have the same general problem as Mr. McCormick points out, but perhaps not as severe.

It is definitely a civil case, to answer your question. You should also be aware that in a defamation case, the common defense is for the defendant to file a SLAPP motion at the outset. This is a motion that forces you to prove that there is a reasonable probability that you will prevail, at the outset. If you lose that motion, you could be ordered to pay the defendant's attorney's fees, in addition to losing the case.

An employer is free to say anything they want about you, as long as it is not 'false'. Stating their negative opinion about you is not 'lying', and your difference of opinion and denial of that is not proof of their lying. Slander/defamation is knowingly making a false statement of a material and substantial FACT that causes demonstrable damage. Statement of opinion is not a FACT. Your burden of proof is high, as to their actions, the facts, your recoverable damages. The typical remedy of this is to have your attorney contact them and 'persuade' them to stop blackballing you, on the threat of litigation. However, IF you think you can prove with admissible and credible evidence that such slanderous false statements were made, and can prove they caused a specific loss of employment, you might justify filing suit. If serious about pursuing either option, feel free to contact me.