Can I sue some-one for defamation?

Asked over 1 year ago - San Lorenzo, CA

On May 2012, My previous manager and a co-worker set up false harassment accusation against me which almost caused me the job. Because of their false accusation, I was put into a administrative leave. After HR determined the accusation is unsubstantiated, I was relieved from administrative leave, but I was assigned to another position with the same title and same pay. However, this new position is in a much less pleasant environment and requires a lot more physical work. Since then, I was very depressed and have diagnosed with anxiety disorders and require taking anti-depressions medicine now. I have been using up lots of sick leave with doctor’s advice. It have turne my life upside down.
Can I sue both of them of defamation/libel? And how can I proceed? What is limitation status on this

Attorney answers (5)

  1. Christine C McCall

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . The quasi-privilege of "common interest" (CA Civil Code sec 47) will ordinarily operate to defeat defamation actions in circumstances such as yours. Even more critically, the co-worker who made the complaint had a right to make that complaint and your employer then had a legal obligation to investigate it. In all events, it is unlikely that a claim for defamation can be successfully maintained here.

    It may be worthwhile for you to consult with a CA worker's comp attorney to consider a claim for the psychic and emotional injuries that you are struggling with.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . No. Attorney McCall explained it well.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. James M Henderson Sr.

    Contributor Level 11

    7

    Lawyers agree

    Answered . Just addressing general principles here, and not your specific case:

    Defamation of character is a tort. That means a personal injury action. From my own practice, these claims have short windows of opportunity, typical statutes of limitation are one year or less. So, first things first, if you are seriously contemplating pursuing such an action, consult with an attorney so that you can plan to file your claim in a timely fashion.

    Certain lies about another are considered so boldly evil or bad that a person victimized by such accusations, if false, does not even have to prove that they actually suffered any compensable injury. Instead, the law will allow a jury to presume that, if these kind of accusations were falsely made, injury occurred. Among allegations that, if false, create a presumption of injury are the charge that a licensed professional (doctor, lawyer, dentist) was incompetent in their profession, another is the allegation of certain crimes falsely alleged (murder, for example), another is the unfounded allegation of homosexuality.

    The allegation that you harassed another, at this level of detail, doesn't seem to fall within the category of defamations within which you are not required to prove actual injuries. So, in a hypothetical case based on your facts, you would have to prove injury or harm, as well as falsity.

    It would be well worth your time to consult with an attorney in your jurisdiction. Do so sooner rather than waiting, as you may have a limited time within which to sue.

    This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs.... more
  4. Matthew Rabban

    Contributor Level 5

    Answered . I believe that you may have a valid suit against them, but that would depend on what the "false harassment accusations" were and other facts regarding the circumstance. I would speak to a civiil litation attorney for a consultation, to assess the specific facts of the case.

  5. Joann Leigh Pheasant

    Contributor Level 8

    Answered . The Statute of Limitations in California for defamation/libel is 1 year. However it may be shorter if the employer is a governmental agency. Defamation/libel suits are very difficult to prove and even though you feel that you have been injured as a result the connection between what they said/wrote and your problems would be very hard to prove. I agree with the other answers. You can certainly consult with an attorney in your area but this does not look promising to me. Best of luck.

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