Fresno, CA asked in Employment Law and Libel & Slander for California

Q: can i sue for defamation of character if coworker took my picture with ill intent, to get me fired, and retaliate

Co worker sent my photo to the manager, I might have nodded off for a min or so but def did not sleep with witnesses.

I was suspended and asked to return back to work as there was no basis, and witnesses says otherwise.I am also being asked to sign some paperworks with regards to the investigation.

Co worker sent the photo to bully me as I am a witness to her friends who were being investigated for purposely sleeping at work.

And they know that the whistleblower is my friend.

Thank You

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Sorry, but sending an unaltered picture of you at work is not defamation. There is nothing unlawful about a co-worker sending a picture of you resting to the boss. Whistleblowing is a very defined protection. Telling the boss about others sleeping at work will not get you whistleblower protection, and especially where it wasn't you blowing the whistle.

Good luck to you.

1 user found this answer helpful

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