IF YOU HAVE BEEN A VICTIM OF DEFAMATION BEFORE OR AFTER YOU LOST YOUR SILICON VALLEY JOB, YOU MAY BE ABLE TO RECOVER LOST WAGES AND DAMAGES.
Defamation includes both libel and slander. The California Civil Code defines libel as “false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye … which has a tendency to injury [any person] in his occupation.” Slander is similar to libel, but involves oral words that falsely injure a person. Defamation may be connected with wrongful termination or another employment-type lawsuit. A claim for defamation, if it can be substantiated, provides a wronged employee with the opportunity to seek general, emotional distress, and punitive damages.
In addition to damages, the employee may be able to recover lost wages. A recent case, Rodriguez v. North American Aviation, held that the employee-plaintiff would be able to recovery for lost earnings because damages for defamation did not result from the loss of employment, but rather from the loss of employability. Another case, O’Hara v. Storer Communications, Inc., also supported an employee’s right to obtain lost wages. The court in this case said that a defamed employee would be able to recover damages because the loss of employment resulting from emotional instability caused by the defamation results in a loss of property.
If you have been defamed at work, talk to the experienced attorneys at Greenberg & Rudman LLP. You don’t have to fight this battle alone. Let our attorneys help you try to recover damages and/or loss wages. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you stand up for your rights.
