Legal Question in Legal Ethics in California

false rumors

I am a supervisor and was accused of making sexual comments toward a staff. It was not handled appropiately through the proper channels and the rumor spreaded through two different divisions of the agency. It was unfounded by HR, however nothing happend to the person whom started the rumor and I supervise this individual. What responsibility does the agency hold in this matter and how should the rumor staff be held accountable?


Asked on 2/26/08, 5:31 am

2 Answers from Attorneys

Clayton Lee Russakow, Ryan & Johnson

Re: false rumors

Well, no formal civil action was filed (and carried through to completion) so you have no cause of action for malicious prosecution. You could pursue a defamation cause of action against those who made defamatory remarks as well as the company so long as they condoned or encouraged the defamation.

Practically speaking, however, from what little facts you've given us, this looks like a difficult case to prove. You would have to show damages.

Short of a civil action, you might consult the agency's own internal policies and procedures on how "the rumor staff" can be held accountable.

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Answered on 2/26/08, 6:35 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: false rumors

Mr. Lee has given a thorough, comprehensive, and excellent answer.

Take his fine advice, and move on!

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Answered on 2/26/08, 7:29 pm


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