Legal Question in Legal Ethics in California

Re: verbal harrassment

Start looking for a new job. You are right to focus on defamation, because it doesn't seem that you have any labor law grounds to complain. But you haven't stated any facts in your story that bear upon the most important part of a Defamation claim, and so that is likely not any thing to seek more advice upon. Defamation is an untrue statement of fact made maliciously to third parties that causes you damage. The necessary element you lack in order to make out a claim for defamation is proof of damages. How did his statements cost you money? Did the people he told bad things about you stop buying things at your garage sales, or return the girl scout cookies? Without some monetary damage greater than those types of examples, you are only wasting precious time that you should have already dedicated to pouring over the want ads in the hopes that you can soon meet your new boss (same as the old boss).

See, your employer can do almost anything he wants. He can say almost anything as well. With the exception of making unwanted comments or advances of a sexual nature, or firing, demoting or otherwise abusing you because you are either black, a woman, gay or a mormon (being a black lesbian mormon would mean you hit the trifecta) he can do what he pleases, with the law affording you only the protection of allowing you to walk out the door when he does. Sounds strange to most of us in an age where we believe we are owed a living, but the law would find nothing wrong with your boss greeting you next monday morning with the following salutaion:

"Janice (or Fred), I realized last night that you are a disgusting, ugly, fat pig, and that I was an idiot for hiring someone as pathetic as you. Although you follow all the rules and actually do a superior job performing all the tasks required of your position, you have a really fat face and I hate fat faces. You are FIRED because you are fat. Go home."

Now, I'm not saying you are in fact fat (I only used that example because, considering that you're an American, the odds of you being fat are stacked in my favor), but I am simply saying that your boss could fire you based on his belief that your are fat-- even if it isn't true-- even if you are 5'10" and 100lbs. That's just the way it is.

Get revenge: You go out and become the boss someday. Fire anyone that reminds you of your old boss, telling them that they are fired because they are fat (especially if they aren't).