Legal Question in Civil Litigation in California
was fired from a job at a hospital because a bunch of people said I was doing inappropriate things. I did nothing but my job. they made statements that they thought I was a pervert, that I disrobed female patients more than needed, that I rushed to do EKG's on young female patients. None of that is true. Nobody stated they actually saw me do anything. I understand California is an "at will" state, my question is can I do anything about the horrible things that people said that they have NO basis for, that damaged my reputation and cost me my job? The hospital I worked at has a no gossip policy but they don't enforce it based on the similar comments everyone made. I had no interaction with anyone beyond work that could have misled anyone. I lost a lot of sleep and have been very depressed since this happened, having to take prescription sleeping pills to actually go to sleep. I feel like I have been slandered.
2 Answers from Attorneys
The comments you describe fit the general definition of slander if they are untrue. However, they would probably fall within what is known as the common-interest exception to that definition. Loosely speaking, that exception applies to conversations between people who have a legitimate need to discuss a given topic. Allegations of work-related misconduct made by one employee to another or to a manager usually fall within this exception.
You may have other remedies, though. Is the hospital where you worked publicly-owned? If so, it probably had to give you due process before firing you. You may have a good case if it failed to do so. Are you a member of a union? If so, you probably had additional rights beyond what a typical at-will employee would have. Even if you aren't a union member, if you had an employment contract (even if it was only oral) that contract may give you additional protections. An employee manual may have a similar effect, as may the hospital's own internal procedures.
I suggest re-posting this question under employment law so attorneys more familiar with this area can give you better guidance.
Good luck!
For your depression and insomnia, you have a valid stress case under worker's compensation laws. Feel free to call us at 213.388.7070 for a free consultation.
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.
