Legal Question in Employment Law in California
slander from job
my former-employer called my new employer and told him that I had been stealing from the job, they also charged criminal charges in court, and I was found innocent. Because of his slander against me I was put on a 3-day suspension and later terminated. Is this considered slander, and can I do anything about it.
2 Answers from Attorneys
Re: slander from job
Typically, when a former employer contacts a new prospective employer regarding a mutual employee per se, the former employer's honest opinions are not deemed defamation because there is a public policy interest more or less. however, if the opinions or claims are malicious or false, then you may have an actionable claim, but this would depend on the totality of the circumstances. if you would like further assistance, contact us directly.
Re: slander from job
Accusing someone of stealing is considered "slander per se" which means that malice is not necessary to prove. The accuser better be able to prove their accusation or they can be held liable for damages. The fact that your ex-employer took the initiative to contact your current employer brings into play the labor code section 1050, commonly known as the anti-blackballing law, which makes the employer subject to both civil and criminal charges. You should have your case reviewed by an experienced attorney in your area to help you explore your options.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
