Legal Question in Employment Law in California

Employment harassment

I am being investigated by my previous employer. I work for a vendor that they use. What is my legal stading in my previous employer contacting my current employer and asking him to invetigate a situation that may or may not chellenge my personal charactor and standing with my current employer. basically my previous employer is investigating theft and misuse of company property and I was the person may have issued that property and it appears that they are trying to point a finger at me after I left. what are my rights and do I have legal standing on workplace harassment and defamation of charactor ETC...?


Asked on 7/09/08, 3:33 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employment harassment

Without knowing the facts, there is no way to answer your questions. Obviously, if there is reason for your previous employer to believe you were involved in some form of theft or other act that caused them harm, they have the right to investigate. But they also have to be very careful what they say, in case they are wrong. It could be defamation to accuse a person of theft, but truth is a defense to the accusation. It would not serve you well to have to defend your name in a civil suit, so preventative steps may need to be taken to limit how far this goes.

The company's motive may also be at issue. It is not inconceivable that the company may be attempting to get you fired from the vendor for some improper reason. If this is the case, there is a legal theory known as interference with contract that may apply.

You need to consult with an experienced employment law attorney in your area to review the specific facts to assess what your options are.

Read more
Answered on 7/10/08, 5:16 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California