Legal Question in Personal Injury in California

Possible slander by superior

During a recent counseling session, a superior made the comment ''You're a racist'' more than once. He was making this accusation based on a complaint letter he received by a subordinate of mine in which I stated I was changing my name from Mr. Jones to Mr. Hodge and how I may be promoted faster in doing so. The complaint had the name spelled Haj. I informed my superior that I had just stated a name that came to mind, it had no connections to anyone in the workplace, and that it could have been Garcia or Smith, and once again it was only a name. I also informed my superior that I was not a racist and informed him my wife is Filipina and many of my best friends are black. (I am a Caucasian). He asked if I felt I was a minority and I stated to him that in this store, I was. (There are only 5 men compared to about 20-25 women in this workplace) This was witnessed by by immediate supervisor.


Asked on 5/04/07, 1:31 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Possible slander by superior

Your supervisor is legally entitled -- indeed, required -- to investigate complaints like the one your subordinate made against you. Statements that he makes to or in the presence of other company employees in order to conduct this investigation are considered matters of "common interest" and probably could not be deemed slanderous.

Further, merely asking you questions could not be slanderous because slander involves a statement of fact. Calling you a racist also might not qualify if, under the circumstances, it was a statement of opinion rather than one of fact.

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Answered on 5/10/07, 7:02 pm


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