Legal Question in Civil Litigation in California
Former Employer Harassment
I quit my prior job and have filed a claim with the labor board. The doctor that I was working for is also has pending charges with the Medical Board. I mentioned this to my dental hygienist during an office visit when she asked how my job was going and now he is threatening to sue me with slander for all kind of things that I never said. I have since, had my hygienist sign a declaration of what exactly I said. I know that he can't because what I said was the truth, but he has sent me two letters since threatening to sue me and take my house. I have replied to neither of them. I just want him to leave me alone. The letters are from him and not an attorney. Can I sue for harassment?
1 Answer from Attorneys
Re: Former Employer Harassment
In CA, there is no action for general harassment. The closest claim to your situation would be that for stalking, and unless you fear for your personal safety or that of someone close to you (and that fear has to be reasonable i.e. the doctor has made specific threats) then you will not be able to successfully assert this claim.
If these letters are causing you major grief and you have to seek medical attention to cope, then you might have a claim for intentional/negligent infliction of emotional distress. However, the burden of proof for these claims is relatively high and it would be difficult to prevail.
If your comments about the doctor are true, then take solace in the fact that truth is an absolute defense to defamation and should the doctor bring suit against you on these facts, it appears it would be frivolous at best. This could even expose him to a countersuit for malicious prosecution or abuse of process.
In short, you can't sue him, but you may want to consider having an attorney draft a cease and desist letter based on the fact you have done nothing wrong.
Best of luck!
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