Legal Question in Employment Law in California

I was terminated from a job 15 months ago. The reason I was giving was I just was not working out. I have a letter of termination. At the time I asked if I could file unemployment and the employer said they would not contest it. A month after I was terminated, I was arrested for embezzlement, which I plead no contest and I am paying restitution. I have since found another job, and i was laid off. I began collecting unemployment, today I received a letter from EDD saying my former employer is protesting my unemployment do to me being terminated for embezzlement. This is not true, and I am sure I will win the EDD appeal do to the letter of termination. However I wonder if I have a civil case against them, or at least grounds to send a cease and desists letter


Asked on 12/07/12, 5:56 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

I do not see where you have any claim against your former employer.

All parties to litigation enjoy a privilege under California Civil Code Section 47 for statements they make in that litigation. Among other things, this privilege will bar any defamation claim that you might otherwise have. Nothing in your answer suggests you can get around this privilege.

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Answered on 12/08/12, 5:46 am


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