Legal Question in Legal Ethics in California

Letter Circulation without permission

A co-worker wrote me a letter that was of negative content regarding my job performance. This person gave it to another colleague to give send to management if he felt it was best. I did not get the letter until after management read it. Is it illegal for this letter addressed to me be circulated before I get to read it or know of it? It is ruining my reputation and putting my job on the line.


Asked on 11/03/07, 6:07 am

4 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Letter Circulation without permission

I cannot add anything to my colleague's answers.

Follow their advice!

Good luck!

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Answered on 11/04/07, 3:45 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Letter Circulation without permission

You need an Attorney to review the letter. You might have a cause of action for Libel.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 11/05/07, 7:46 pm
Clayton Lee Russakow, Ryan & Johnson

Re: Letter Circulation without permission

It would only be illegal if it was addressed to you and deposited with the U.S. Postal Service. It sounds like the person just decided to give it to someone else instead of you.

It might still be actionable depending on the content of the letter, for example if it is libelous or sexually harassing or otherwise discriminatory. Sounds like the content was regarding your job performance. Employment law does not exempt you from criticism or even rudeness.

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Answered on 11/03/07, 1:20 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Letter Circulation without permission

It would not be illegal, but if the negative things in the letter were untrue, it might be the basis of a slander or libel claim. If they are untrue, you should contact an attorney that will help you ameliorate the damage, hopefully with a letter or two and without litigation.

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Answered on 11/03/07, 2:32 pm


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