Archived
How much would it cost to have a lawyer write up a trade libel, defamation and slander cease and desist to former employer?
Ben's answer
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Answered on July 23, 2016
Not enough info to say whether you have a viable claim. Defamation is a (1) false and unprivileged (2) publication (3) of a statement of fact (4)...
Archived
Do I have a case against my employer?
Ben's answer
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Answered on July 23, 2016
Assuming you're nonexempt and not an independent contractor:
(1) Yes. Your employer must "authorize and permit" a 10-minute rest period for...
Archived
How should I begin my defamation case-Original defendant slandered to my company, then her friend posted libel on social media?
Ben's answer
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Answered on July 13, 2016
The elements of defamation are (1) a false and unprivileged (2) publication (3) of a statement of fact (4) of and concerning the plaintiff (5)...
Archived
What can I do if I believe I was wrongfully terminated from a previous employer?
Ben's answer
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Answered on July 13, 2016
I don't see a wrongful termination claim. I do see a possible defamation claim. Two likely hurdles: (1) privileges of Civil Code 47(c) and (2) the...
Archived
Is it fair that I was terminated for something that happened off company time.
Ben's answer
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Answered on July 09, 2016
Generally, your employer can terminate you for off-site, off-duty conduct, including dumping beer on a competitor. See Grinzi v. San Diego Hospice...
Archived
What's the least costly method to get it taken down and taken away from them? and find out who they are?
Ben's answer
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Answered on July 02, 2016
You might find out the person's identity through a "whois" domain name search.
Archived
Can I sue Amtrak also when my roommate claims wrongful death of her father who was hit & killed by an Amtrak train?
Ben's answer
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Answered on July 02, 2016
No. You can't sue for wrongful death. The wrongful death statute doesn't authorize the roommate of a decedent's child to bring a claim. You also...
Archived
Would this be considered defamatory?
Ben's answer
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Answered on June 29, 2016
Defamation is (1) a false, unprivileged, and derogatory (2) publication (3) of a statement of fact (4) of and concerning the plaintiff (5) that...
Archived
Do I have a wrongful termination / discrimination case?
Ben's answer
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Answered on June 29, 2016
Weight isn't a protected characteristic outside of Santa Cruz and San Francisco.
Archived
How do I refute defendant's assertion that "a government entity cannot be sued for common law torts"?
Ben's answer
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Answered on June 29, 2016
You don't. You can't sue a public entity unless a statute says so. In other words, you can't sue for common law causes of action. Your...
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