Legal Question in Business Law in California

Hello, I was a manager at a very popular casual dining chain. I confronted an employee about talking bad about me to several employees behind my back. When I confronted her she began yelling in my face and attempted to physically assault me by trying to punch me. I yelled back and told the employee that I would no longer do her any favors if she was to continue talking bad about me behind my back. The next day after working a few hours I received a phone call from my district manager who stated I would be suspended until he came back from vacation and investigate. Monday (two days later) I was called into work and was fired. There were no witnesses. Upon my further investigation many employees who were witnesses were not interviewed. Also the woman who physically tried to attack me is still an employee with the company. Do I have any legal basis to do anything because not all employees who witnessed the situation were not interviewed and/or because the woman who tried to attack me faced no dispensary action?


Asked on 12/07/13, 6:34 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I doubt that you have any legal basis to do anything. In abstract theory, you might have a cause of action to sue the employee for libel or slander, but I doubt that there is sufficient proof of the necessary facts, and the employee might have a defense based upon privilege. It seems to me that the confrontation was either ill-advised in the first place, or got out of hand, or both. I am inclined to think it's time to look for another job. Employment law is pretty favorable to employees, except that the employer generally has an unfettered right to discharge the employee for a good reason, or for no reason at all.....but not for a bad reason (discrimination, etc.).

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Answered on 12/07/13, 7:52 pm


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