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Harassment/Defamation/Wrongful Term...counter suit??

Los Angeles, CA |

A person with a history of suing employers that have fired her is currently engaging in a new lawsuit with another employer and some of its employees. Once again the charges are the same. She started making notes of everything from day 1 and is using these notes to bolster her case. The people being charged in this case will lose their licenses, forfeiting years of hard work and education over what is a handful of lies. The accuser is bankrupt and plans of reaping her retirement from this. What kind of attorney is needed to defend one from this and go after the accuser?

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Attorney answers 5


Seek counsel from an employment and labor defense attorney. Also tender it to your insurance carrier.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.


An employment law attorney. Once an employee has a history of suing employers, each time he/she sues the next one, her/his credibility keeps getting diminished. Many of us offer a free initial phone consultation.


If you have Employer's Practices Liability Insurance you need to tender the claim to the insurer immediately. If not, you need to find experienced defense counsel. Be sure to interview the attorney and make sure the attorney has many years of experience in defending employers. There are several relatively large firms dedicated to the representation of employers.

However, I must caution that unless you can prove the lawsuit is completely without merit, there is little you can do to push back against this employee. There are mechanisms such as a malicious prosecution suits, or defamation claims, and requests for prevailing defendant attorney fees that can be used, but all have very high standards to prove and most require that the employer prevail in the lawsuit. Most importantly, none are really effective against a penniless plaintiff.

Furthermore, you need to think about making sound business decisions that are not motivated by your ire at this employee. An experienced defense attorney should help you do this.

I would caution against any attorney who immediately advises for you to go on the attack with hyper-aggressive tactics. That would suggest to me someone more interested in taking your money than in your long-term corporate health.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


An employment defense attorney.


You need a good employment lawyer. However, going after an accusser who is bankrupt may be a waste of your resources. I would explore whether you should bring an action against the accuser who has no resources. Sometimes it may be a good strategy to sue the accuser for a baseless claim because this may cause the accuser to drop her case against you because her attorney may not agree to accept the case filed against her.

Good luck to you.

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