False accusation of an employee being violent toward another employee are just as common or are even more common than the actual violence at workplace. This include physical violence as well as verbal threats of violence, including implied verbal threats such as “Next time, I don’t know what I am…
California Civil Code sections 45 and 46 define libel and slander (written and oral statements which may constitute defamation). It has been consistently held in California over 60 years ago that libel includes, with certain limitations, almost any language, which, upon its face, has a natural tendency to injure a…
False statements and accusations (defamation) by one employee or a supervisor against another employee are not uncommon at California workplace and often lead to the unfounded and unsubstantiated discipline, suspension, demotion and even termination of employment of the victim of defamation. The tort of defamation involves a publication of facts…
It is not unlikely for employees to have their words and/or conduct to be misinterpreted by their co-workers and have their colleague accuse them of sexual harassment without sufficient reason. An employer has a duty to investigation all sexual harassment allegations. Failure to do so may subject the employer to…
Negative job performance evaluations are usually held to be statement of opinion rather than fact, and hence not properly the subject of a defamation action, unless an employer’s performance evaluation falsely accuses an employee of criminal conduct, lack of integrity, dishonesty, incompetence or reprehensible personal characteristics of behavior. Thus, in…