Legal Question in Employment Law in California

Can you add personal injury to a small claims suit when defamation of character

I was a Board Member of an agency who had a grant writing background and was hired periodically to write grants for them. I suggested additional fundraising efforts, which were approved. One was a fundraising dinner in which I was to be paid no more and no less than $900. I completed all of my objectives but the agency failed to secure ticket sales (their task). The dinner was not as profitable as they hoped. They not only refuse to pay me (even though I have a tape from my answering machine saying they will - three weeeks post the event) They sent out a letter two days after the event (one of which went to my NEW boss who attended the dinner) saying the failure of the dinner was mainly my fault. Can I sue for wages AND personal injury in small claims?


Asked on 5/05/04, 1:03 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Can you add personal injury to a small claims suit when defamation of charac

Small claims will be ideal for your claim.

The wage claim will be simple. Make sure you subpoena the person who made the telephone call. You will question him first, and if he denies the promise to pay, you should be allowed to play the tape. I am assuming that this is a taped message he left you on your answering machine. If you turned the machine on and recorded the conversation without his approval you have committed a crime and will not be able to use the tape.

You will need to prove damages on the defamation. Did you loose your job? Demotion? Reduction in pay? Did your employer give you a bad time? You will need to show economic loss.

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Answered on 5/07/04, 5:27 pm


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