Legal Question in Employment Law in California

Employee performance shared with entire company

The following e-mail was sent from my boss to her boss and then forwarded to the entire company.

**Please view the following. Obviously something needs to change. I think we need to give ...... more hospitals, and perhaps take some off of .... . Her attitude and work ethic has been terrible�.** (I am the second dotted line)

They recalled the e-mail but many people had already read it and it is now the topic of conversation at work. I do not feel comfortable at work any longer and told them so today. They feel that they did nothing wrong and I have no legal recourse. I disagree. Can someone out there please advise me?


Asked on 9/30/03, 7:06 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Employee performance shared with entire company

Assuming that the e-mail was false, you might have a cause of action for defamation. A conditional privilege exists as to such information in California for work-related communications. However, if disseminated to the entire company, communications based upon falsities could attach a significant penalty. Again, though, this might just be opinion, rather than fact. You should consult with an employment attorney, and discuss the events subsequent to the inadvertent (seemingly) dissemination.

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Answered on 9/30/03, 8:51 pm


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