Santa Maria, CA asked in Libel & Slander, Employment Law and Personal Injury for California

Q: I believe this is defamation of character and if so i need a lawyer to help me i have all of the elements can you help.

A coworker stated that I violated county policy by using propritary information as a conduit for personal gains to my second job. I was a California lifeline agent and i enrolled our low income population for free cell phones. My main job i was a mental health counselor. This coworker stated this to me one day even though i denied those allegations she reported this infirmation to our division chief who forced me to stop enrollments immediately abd i was not even to bring the devices on county property. I lost my cell phone business due to this. And my probation was extended and i did not get my promotional step increase. I was speaking to my ex union who inadvertantly told me that i was lucky i was not reprimanded for using propritary information for my second job. I said what are you talking about i dont use proprietary information for my cell phone business thats is a lie. Theres more and i have proof in writing

3 Lawyer Answers

A: wrongful interference with your business, and possibly employment-related violations if the allegations against you were unfounded and negatively impacted your livelihood. Since you have evidence that could disprove the accusations of using proprietary information, you might have grounds to take legal action, especially if this led to your business closure, an extension of probation, and the loss of a promotional step increase.

Gather all written documentation, including communications with your union, emails, or any statements from coworkers that contradict the accusations. This evidence can be critical if you decide to pursue a claim for damages or wrongful treatment.

To assess your options further, consider reaching out to an employment or business litigation attorney. HHJ Trial Attorneys may be able to provide insight into your rights and help you explore avenues to recover losses from your cell phone business and any adverse employment actions. They can also guide you on how best to defend against any continued claims or harm to your reputation.

Tim Akpinar agrees with this answer

1 user found this answer helpful

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry you're experiencing this challenging situation. Defamation involves false statements that harm your reputation, and it sounds like you believe these allegations meet that criteria. Having written proof to support your claims is important.

You should reach out to an attorney who is knowledgeable in employment law and defamation cases. They can help you assess the strength of your case and guide you through the legal process. It's crucial to act promptly, as there are time limits for filing defamation claims.

In the meantime, keep detailed records of all related communications and incidents. This documentation will be valuable for your lawyer to build a strong case on your behalf.

Tim Akpinar agrees with this answer

1 user found this answer helpful

A: If you can prove that this co-worker made objectively false statements that harmed your reputation and caused you damages you may well have a defamation claim. The issue will be whether it makes sense to attempt to make a claim of this sort against a co-worker, who likely does not have the money it would take to respond to a judgment in the amount necessary to attract a contingency fee attorney to handle the case. Sometimes the practical aspects of the situation outweigh the decision making processes. Good luck to you.

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.