Legal Question in Legal Ethics in California

being accused

A former employee who has been fired by the company tried to sue for defamation of character, loss of wages and eviction, and then lost the case.

now this person is sueing the co worker for the same allegations on a personal level. the employee that is still working wrote statements that the co worker who was fired was spreading bad rumorers of sleeping around with management thats why the person got the promotion, and many other defamed accusations, these accusations were documented and forwarded to human resources and management which helped lead to the other workers termination. should the company represent the existing worker in court do that it was job related, or does the person have to seek their own attorney for their own personal defence?


Asked on 10/03/08, 8:18 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: being accused

The remaining employee should tender the defense to the employer, especially if the allegations are untrue and the only reason the person is suing is because he/she is disgruntled. If the employer doesn't accept the tender, then the employee down the road might have a claim against the employer. In addition, the company's attorneys already are intimately familiar with the facts of the case, so it would be helpful if they stepped in.

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Answered on 10/03/08, 8:33 pm


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