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Legal recourse if employer alleges child abuse?

Asked over 2 years ago - San Diego, CA

After filing grievance with HR with no remedy, then complaint with FEHA detailing retaliation for safety concerns , fabricated write ups, denial of reasonable accomodations(help with med. dispensing) after giving medical record to employer.I was terminated for willful misconduct for " intentionally dispensing a discontinued medication to minor child" at residential facility in June of 09. At unemployment appeal hearing in Oct of 09 employer alleged illegal action (ie. child abuse) Employer offered as evidence my report admitting unintentional error in judgement and statement from another employee stating it was willful. When i asked if they reported abuse to protective services they replied no. Employer is legally mandated to report any reasonable suspicion of abuse. Any legal recourse?

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Attorney answers (2)

Kenneth Lewis Swenson

Reputation Level 15

Answered over 2 years ago. Employment / Labor Attorney in Yuba City, CA.

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Under California law, statements made during an official proceeding like an administrative hearing before the Unemployment Insurance Appeals Board are absolutely privileged, meaning no liability for defamation exists. You made a good point on cross-examination about whether, as a mandated reporter, the witness reported the alleged abuse. The point undermines the credibility of the wilful misconduct claim. Given the problems you describe in your question, you should consult with an employment attorney to discuss the particulars of your matter and for any specific legal advice.

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Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Defamation of character is the communication of false information stated as a fact which brings harm to an individual or an entity such as a business. Slander is the term used when the defamation of character is spoken. This can be person to person or a person speaking to many people.

Check with a California lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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