Q: Can I sue my previous work place for not firing a former coworker for assaulting me.
I used to date this coworker. In which we got into heavy abusive arguments often. One of those incidents happened in a company parking lot, where I refused to get out his car, so he used physical force to get me out. Resulting in a cut in hand, and a broken car door. Because I wouldn’t get out he also stole my car and took if for a joy ride before coming back. I threatened to call police and did for a moment before hanging up, and trying to out this behind us. In the end word got out of these arguments and I got fired not him. Even though I showed images of my cut to HR, and sharing screenshots of other coworkers sharing he has been slandering my name.
3 months after leaving this job I hear he continues to slander my name in the workplace, I assume in hopes for others to change their opinion of me. As he has expressed before he is a jealous guy and does not like that others like me. He thinks if what he says is true, it’s not slander.
A:
Under California law, if you were terminated while the coworker who assaulted you was not, there might be grounds for a wrongful termination lawsuit, particularly if you believe the termination was due to gender discrimination or retaliation. California is an at-will employment state, but there are exceptions to this rule, especially in cases involving illegal reasons for termination, such as discrimination or retaliation for reporting harassment or assault.
Regarding the continued slander in the workplace, you may have a case for defamation, especially if the statements made by your former coworker are false and damaging to your reputation. Defamation law in California requires that the statements are proven to be false, made to a third party, and have caused damage to your reputation.
It would be wise to gather all evidence, including any documentation of the assault, your report to HR, and any evidence of the ongoing slander. Consulting with an attorney who has experience in employment law and personal injury can provide you with a clearer understanding of your rights and the viability of a legal case based on the specific details of your situation. Remember, timely action is crucial in legal matters, especially when dealing with issues of employment and defamation.
A:
Your employer has to provide a work place free from sexual harassment, discrimination and violence. What you describe, though, is your own violation of another's property, which led to violence. In other words, you caused it. Your employer was within its rights to terminate your employment, and the vehicle owner was within his rights to remove you from his property (within reason). If the scope of his efforts to remove you from his car exceeded reasonable force, you can make a complaint with the police. Perhaps a crime was committed.
If he took your car, without permission, and went for a "joy ride," that is theft and is also a crime.
As for slander, your boyfriend is right. If it is true, it is not slander.
Neil Pedersen agrees with this answer
A:
You might have a claim against the former boyfriend, but likely do not have a meritorious claim against the employer.
Before you consider any claims against the employer it would be a very good idea for you to reach out to an employment law attorney to discuss the specifics of your situation.
Good luck to you.
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