Legal Question in Personal Injury in California
enployee discrimination
If an employee makes an accusation of race discrimination, that is untrue against the manager. Would I (the manager) have the right of the law to sue for defamation of character?
4 Answers from Attorneys
Re: enployee discrimination
Not enough facts to give a meaningful answer.
Re: enployee discrimination
Yes. But defamation is not worth suing about unless it causes substantial injury.
Re: enployee discrimination
I should add, if the accusation is simply to the EEOC or in court, it is privileged and is not actionable.
Re: enployee discrimination
You do not provide enough facts for anyhone todetermine whether you are likely to succeed or not. However, one of the first things to look at is whether she has any assets you can go after. If she has no house or money, what are you going to get?
Go to upper management and tell them what happened so if she makes another race allegation your boss will know it may be questional. They may even investigate the first incident and decide to punish her. Go to your ER Department to find out how to protect yourself against such accuations, including do not walk alone in her work area.