Legal recourse if employer alleges child abuse?

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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Answers (2)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
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.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Kenneth Lewis Swenson

Kenneth Lewis Swenson Avvo Pro

Contributor Level 7
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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