Legal Question in Employment Law in California

co worker files false police report

A co worker has filed a false police report against me for assault and battery. Due to stress and not knowing what this person will do next my doctor has taken me out of work as not to place myself around her. Can I take her to small claims for time missed from work? Isnt company liable for her actions if this took place at work? Police are filing charges against her for filing false report.


Asked on 6/30/03, 12:57 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: co worker files false police report

If it was filed maliciously you have a civil cause of action, otherwise it is a worker's compensation claim. Call me directly at (619) 222-3504

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Answered on 7/02/03, 2:02 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: co worker files false police report

sure, you can take her to small claims court for all of your damages that were actually and proximately caused by her false reports, however, the ceiling on damages in small claims court is only $5000. you may want to consider retaining an attorney who would be able to aggressively represent you for much more in damages stemming from defamation, invasion of privacy (false light), abuse of process, malicious prosecution, etc...

if you would like assistance in this matter, email me directly with how you would like to proceed.

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Answered on 7/01/03, 5:10 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: co worker files false police report

Thank you for your posting.

As Mr. Torrey mentioned, you can sue in small claims court. You MAY be able to sue the company if they ratified this, encouraged it, or had reason to know it was a false report. Otherwise, this will be an independent act not within the course and scope of her employment.

I hope that this information helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/01/03, 6:15 pm


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