Legal Question in Employment Law in California

A staff member wrote a letter against me and admitted she was my confidante as per our company culture. In the company "Bitch Buddy" contract the staff member is NOT permitted to repeat or use information against me but I was released for the content in the letter as submitted to the unemployment hearing. I want to consider a wrongful termination suit but since I am an employee at will is there any grounds to sue the company for allowing such staff contracts yet was the reason for the release? I kept all e-mail correspondence over the year and can absolutely prove all the allegations were completely untrue. I would love to also sue for defamtion as the staff member also wrote that she discussed the allegations with other staff members as mentioned in her letter.

The employer did not show at the hearing and wrote a letter asking to withdraw their claim against me chosing not to contest. I was interviewed by the judge anyway. Can the ALJ rule against the employer's wish to release their claim? Will I win or win by default in California?

Thank you for your help.

Thank you.


Asked on 3/11/10, 6:58 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, provided a 'safe' workplace to minimize risk of injury, and sometimes are provided certain medical/pregnancy leave rights. That's about it. In general, unless an employee is civil service, in a union or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

Once you submit yourself and your claim to the EDD and hearing officer, they make the rules and the decisions.

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Answered on 3/16/10, 4:47 pm


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