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?


Asked on 4/21/08, 2:34 am

4 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: enployee discrimination

Not enough facts to give a meaningful answer.

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Answered on 6/26/08, 3:21 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: enployee discrimination

Yes. But defamation is not worth suing about unless it causes substantial injury.

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Answered on 4/26/08, 3:27 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: enployee discrimination

I should add, if the accusation is simply to the EEOC or in court, it is privileged and is not actionable.

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Answered on 4/26/08, 3:28 pm
George Shers Law Offices of Georges H. Shers

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.

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Answered on 4/24/08, 5:24 pm


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