Legal Question in Personal Injury in California
Can I Be Sued By A Former Co-Worker Because Of A Personal Letter
Can a former co-worker, who has now been laid off, initiate a lawsuit against me based on a letter I wrote her and gave her at work? The letter details a year of what I observed as far as poor work ethics, building a personal business on company time, ridiculing our boss and the company, etc. In the letter I told her my personal, private opinion of her character. I did not use foul language. She sent a letter to our HR Dept. before she left claiming that I had caused her physical & emotional distress by this letter. I don't know if she sent the actual letter itself to HR.
3 Answers from Attorneys
Re: Can I Be Sued By A Former Co-Worker Because Of A Personal Letter
she will not win any lawsuit based on a letter you sent to her.
Re: Can I Be Sued By A Former Co-Worker Because Of A Personal Letter
The simple answer to your question is yes. Anyone
can sue anyone else for whatever they wish; all it
takes is a couple hundred dollars and a complaint.
Once the complaint is filed, and a copy of the complaint
served on you, you are in litigation.
That having been said, whether your ex-coworker is
able to win a lawsuit against you is another matter.
Unfortunately, whether your coworker wins or losses
her lawsuit, you are likely to incur substantial
costs in the form of attorneys fees and costs to
defend yourself, which you may never be able to recover.
If you are served with a complaint in this matter,
you should IMMEDIATELY, contact an attorney in your
area to discuss this matter. If you are sued, and
you do not respond to the complaint, you risk
having a default judgment entered against you that
in essence would give the plaintiff whatever relief
she seeks in the complaint. This response must
be filed within a specified period of time (usually
within 30 days, in California) after the complaint
is served on you.
Re: Can I Be Sued By A Former Co-Worker Because Of A Personal Letter
Your Former Co-Worker can file a lawsuit against you. However, based on the facts that you stated, you should prevail in any litigation stemming from the letter. Unfortantly, you will have to get an attorney to defend yourself in the suit. I suggest you hire an attorney as soon as you find out she did file a complaint agianst you. Good Luck
Michael Burt
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