Legal Question in Personal Injury in California
Is the Company or VP liable for defamation?
I recently resigned my position with my previous employer, I work with a Client that has chosen to keep the work with me. In addition, there are two other employees that have given notice to leave. After my last day of work, I sent an e-mail describing how the work would transition. A VP fired back with an e-mail stating that I was dishonorable, unethical, imature and unprofessional. He copied my client in his response to me.
He clearly did this to attack my character, honor and credibility with my client. My client is standing by my side, but are clearly upset that they are caught in the middle of this battle. I have not responded to my previous employer.
2 Answers from Attorneys
Re: Is the Company or VP liable for defamation?
Defamation involves false statements of fact. Except in unusual circumstances, statements of opinion don't qualify. Your question suggests that the email from your former company expressed negative opinions of you but did not make any false factual claims. It is unlikely that such a statement could be defamatory.
Even if the email theoretically could have been defamatory, there is no reason to think it actually was. Another element of defamation is that the statement harm the plaintiff's reputation. It seems the only person who read it other than yourself (a statement to you can't be defamatory because it can't harm your reputation) does not believe what it said.
I agree with Mr. Stein that your best course of action is probably to ignore the email, at least for now.
Re: Is the Company or VP liable for defamation?
Do not respond to your employer. Take the high road and the client will appreciate it. In the meantime, you may have a defamation case, but you don't have any damages since the client is sticking with you.
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