Releasing info to the public about a company that looks the other way towards violent staffmembers?

Asked over 2 years ago - Anaheim, CA

I am currently in counseling for PTSD and pressed criminal charges (rape / sexual battery) against a former co-worker, but I had originally pressed sexual harassment charges against him and assumed, incorrectly, that he would be fired. Instead, the company allowed him to continue to work.

His position is similar to a camp counselor.

In addition to the police, I contacted and am working with a reporter from a publication w/ a large (millions) readership. I told the reporter that this person is a "Jerry Sandusky". I have fwded email exchanges, provided several former employees willing to be interviewed, and she said she would write an article in tandem w/ a personal piece. As long as I am truthful, are there repercussions to me? The company threatened defamation, but how can this be?

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Mr. Pullman is correct, of course, but notice that he said you cannot be liable if you are telling the truth. He did not say you cannot be sued. In fact, with this kind of content, it is very likely that the publication, the writer and the source (that would be you) will be sued. Absolutely you should insist on an indemnification agreement in your favor with the publisher. Winning a defamation case is great, of course, but it can take several years -- the worst years of your life for sure -- and cost many thousands of dollars. Essentially, you have to prove the truth of your allegations in the course of the lawsuit and every speck of your life that might reflect on your credibility will be brought under the microscope. If the person this proposed article is about has the resources, or interests an experienced defamation attorney in pursuing the claim, you are in for an unforgettable experience. You might want to wait until after the subject person has been convicted in criminal court. It gets way easier, faster, less expensive and less risky from that moment on.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. David Jon Pullman

    Contributor Level 19

    2

    Lawyers agree

    Answered . If you are telling the truth, you cannot be liable for defamation.

  3. James Regan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with bot of prior counsel's good answers. Make sure you are working with the victim advocate at the prosecutors office. They have excellent victim advocate programs in California.

    http://www.defendme.net | The response given is not intended to create, nor does it create an ongoing duty to... more

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