Legal Question in Employment Law in California
Slander
Both my boss and I have been accused of sexual harassment by a female employee who reports to me (I am female). She says I am having an affair with my boss (who is male) and that she has been subjected to harrassment because she has witnessed our affair. There is absolutely no truth to her allegations whatsoever. She is making this up. She has been to see our company's employee assistance program and was just out for two weeks' medical leave. The EAP Ph.D. says this employee is mentally unwell. The employee also has obvious and demonstrable anger management issues. She is very, very angry at both my boss and me, for reasons we do not know. My company's HR department is doing an investigation of the harrassment charges. But meanwhile this employee is telling others throughout the company that I am having an affair with my boss and other lies that are damaging to me personally and professionally. Because of the harassment charge I can do nothing or it will be seen as retaliation. Do I have any recourse to stop what I consider slander of me by this employee?
3 Answers from Attorneys
Re: Slander
For now, the best option is to fully cooperate with your employer's investigation so the investigator can obtain all of the facts and make the most informed findings and recommendations.
If handled correctly, you should be in the clear and your employer must defend you, should this unstable employee decide to take legal action. If you do not believe your employer can defend your interests, you have the right to obtain an independent attorney, which the employer may have to pay for.
You may have grounds to sue the employer for slander but such an action may serve little purpose and cause you more harm than good. Getting good advise from counsel of your choice is imperative here.
Re: Slander
Complain only to HR about the slander, and demand appropriate and corrective action. Do not discuss the situation with anyone else, other than an attorney if you decide to have someone help you, which you should. Having counsel will better ensure proper treatment and investigation. Feel free to contact me for help.
Re: Slander
Technically, you could sue the employee for slander/defamation, but then you would be embroiled in litigation with someone you know to (1) have anger-management issues, and (2) has been described as "mentally unwell." Also, complaints of sexual harassment have a "qualified privileged;" not only do you have to prove the defamatory ommunication, but you must also prove the speaker acted with "actual malice," which is a heightened standard.
The practical advice here may be to hope those who hear the comments take them with a "grain of salt" and "consider the source."
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