Legal Question in Employment Law in California

Defamation by Div Manager

I work for a non profit as on-site maint at senior apt complex.Part of benefit package I receive a 2 bedroom apt for family(wife and 2 kids).I have been here for 1 yr 2 months.I have been harassed by my immediate supervisor since Dec. of last year.She made repeated attempts to have me fired,by lying about my job performance,not telling me about meetings that I needed to attend,etc.In Sept. she sent the other maint tech to do ''work'' in our apt and my wife went to management and wanted to know why they would have someone else come in to do work since that is my job.My supervisor was caught in another lie and I heard got 3 days admin leave. Notice was sent to residents on Oct 24 that she is no longer with the company.Problem solved. Worse.The Div. Manager showed up on 11/4/08 to do a performance review that is entirely full of lies.I asked her what this was based on and she said my prev supervisor. She is no longer with the company, she said also from co-workers. Company Manual states ''all written evaluations must be done be immediate supervisor...''She had been my supervisor for 2 weeks and I wasn't even aware of this. HR will not talk to me privately only with her present? Can I sue for defamation while still working here?


Asked on 11/13/08, 3:37 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Defamation by Div Manager

No. Unless provable false statements about you are made to 3rd parties, and you can show actual damages, you have no grounds. Your remedy is to put a response to the review in your file, but that doesn't change their review.

Sounds like typical office politics, personality and performance problems. You're an 'at will' employee that can be fired any time for any reason, subject to any written agreement to the contrary.

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Answered on 11/13/08, 2:06 pm


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