Legal Question in Employment Law in California

I am a 45 yr old african ameican female. My 50 year old white female coworker was upset and ran at me with her fist balled as if to hit me yelling,calling me a "little girl". I put my hand up as to keep her out of my face and said "bitch if you see a little gil slap her" as I backed away from her. She demanded that I be fired on the spot. After reviewing the video it was obvious who the agressor was and she was transferred to another location. Since she left she has been emailing coworker making horriblem crinibak accusations against me. I want to sue her for slanderr as well do I have to sue my employer as well for allowing the slande although they know it is false,,please advise


Asked on 7/01/10, 8:41 pm

1 Answer from Attorneys

You don't have a defamation (the proper legal term for liable and slander) case without proven damages in monetary losses or something that can be quantified (such as losing a job which can be quantified by lost wages). If your employer knows the statements are false, you do not seem to have any measureable damages from her otherwise defamatory emails. It is, however, probably worth pointing out to your employer that by allowing the use of the company email system for defamatory communications, they may be responsible as a "republisher" of the defamation, should it ever reach the point that you suffer actual damages and find it necessary to take legal action. That will probably motivate them to shut her down.

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Answered on 7/01/10, 11:54 pm


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