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-   -   Can I sue for defamation in CA small claims court? (https://www.askmehelpdesk.com/showthread.php?t=230535)

  • Jun 25, 2008, 04:14 AM
    PooksRutherford
    Can I sue for defamation in CA small claims court?
    2 months ago I was fired for talking about hockey during the NHL Stanley Cup playoffs (I workd as a temp for 6 mos). The conversations didn't prevent me from doing work (it was slow & I finished all the work given to me), my ex-supe just got fed up and demanded that I never talk about hockey again in the office, I told her it was an unreasonable request and she fired me for insubordination.
    I work in an at-will state (CA) and I know as a temp I can be fired for anything... SO I WAS OKAY WITH THAT.
    However, my ex-supe then made false statements about me to the temp agency that I work for (I constantly need guidance & that I had trouble initiating projects) and requested that I not ever work for the company again. The company is an international pharmaceutical company that pays very well and this has cost me many some well paying assignments.
    During the 6 months. That I worked there my relationship w/ my x-supe was a very good one. I was shocked because we had a very good work relationship. In fact she sent me several e-mails praising my work and had made statements to me that a few of my projects that I came up with made the office run more efficiently... AND THAT SHE WISHED SHE HAD COME UP WITH IT.
    I made hard copies of a couple of e-mails she sent me, and if I can get copies of my record at the temp agency, I know that there are no prior reports of problems at that assignment.
    These claims have tainted my reputation at my temp agency and has made it difficult to get any more assignments.
    Can I sue this woman in Calif. Small claims court for her false claims that caused me to lose out on work assignments?

    p.s. Please don't chastise me for the actions that led to my firing, I know I was insubordinate and in retrospect should handled it differently. Just address the issue I am presenting: whether I have a case against this woman in small claims court, I would be much obliged. Thanks.
  • Jun 25, 2008, 04:55 AM
    N0help4u
    The emails just maybe what saves you. Why haven't you shown the temp agency?
  • Jun 25, 2008, 05:21 AM
    JudyKayTee
    Quote:

    Originally Posted by PooksRutherford
    2 months ago I was fired for talking about hockey during the NHL Stanley Cup playoffs (I workd as a temp for 6 mos). The conversations didn't prevent me from doing work (it was slow & I finished all the work given to me), my ex-supe just got fed up and demanded that I never talk about hockey again in the office, I told her it was an unreasonable request and she fired me for insubordination.
    I work in an at-will state (CA) and I know as a temp I can be fired for anything....SO I WAS OKAY WITH THAT.
    However, my ex-supe then made false statements about me to the temp agency that I work for (I constantly need guidance & that I had trouble initiating projects) and requested that I not ever work for the company again. The company is an international pharmaceutical company that pays very well and this has cost me many some well paying assignments.
    During the 6 mos. that I worked there my relationship w/ my x-supe was a very good one. I was shocked because we had a very good work relationship. In fact she sent me several e-mails praising my work and had made statements to me that a few of my projects that I came up with made the office run more efficiently...AND THAT SHE WISHED SHE HAD COME UP WITH IT.
    I made hard copies of a couple of e-mails she sent me, and if I can get copies of my record at the temp agency, I know that there are no prior reports of problems at that assignment.
    These claims have tainted my reputation at my temp agency and has made it difficult to get any more assignments.
    Can I sue this woman in Calif. small claims court for her false claims that caused me to lose out on work assignments?

    p.s. Please don't chastise me for the actions that led to my firing, I know I was insubordinate and in retrospect should handled it differently. Just address the issue I am presenting: whether or not I have a case against this woman in small claims court, I would be much obliged. Thanks.

    If you can prove her claims are untrue, then, sure you can sue her.

    As far as the e-mails the argument is probably going to be that sometimes your work was good; other times it was not; you were inconsistent.

    She will probably counter that you were insubordinate and disruptive, didn't take direction well (citing the hockey fiasco).

    I don't see you winning here but you can always give it a try.

    Have you tried simply talking to the temp agency, explaining what happened?
  • Jun 25, 2008, 05:23 AM
    needyhelpy
    Defamation of character has to show malice and you have to show damages, but people do not give accurate assessments of employees for fear of being sued. I would say it is a violation of your Free Speech and a hate crime against Hockey enthusuasts. Were you rooting against her team? There may be malice involved as she is making it impossible to get more work as a temp in the more lucrative job area. She seems to be going out of her way to harm you from getting the more lucrative jobs and if it is false or hearsay and she states it as facts and never told you so you could change then sue her. Go over her head and ask the owner why he is allowing her to defame your character. You did not know there was a no Hockey Talking Clause in your temp contract. Good Luck. It seems very unfair.

    {personal attacks edited out-consider this a warning-<>}
  • Jun 25, 2008, 05:39 AM
    ScottGem
    While I think you may have a case, its not going to be an easy one to prove. The problem is I don't think you can sue for defamation of character in small claims court. Check with your local court to see what types of cases they will hear.

    You do need to talk to the temp agency. If you have a good record with them they will discount one bad experience. While you might not be sent for assignments with that firm, you shouldn't be denied other work.
  • Jun 25, 2008, 05:44 AM
    needyhelpy
    I will say that Nolan Press books are helpful in Small Claims Suits and get them from the library for your state and ask for any law books about defamation of character. If someone was preventing me from gainful employ and going out of her way to make certain I was not hired at the more lucrative jobs, I personally would sue her for defamation of character and slander and libel. Let her go in a court of law and in my state you can see the evidence for 15 minutes before trial. You can also subpoena evidence that they will not give you which would be your records. Check in your state. Win or lose, you can get to the bottom of it. There are people who are jealous or want their friends to get the better jobs and say things not because they are true, but because they can get away with it. If she wants to say it then let her back it up in a court of law. I am not a lawyer and I did not win in Small Claims Court, but sometimes you have to take a stand.
  • Jun 25, 2008, 08:00 AM
    froggy7
    If all the supervisor has asked is that the temp agency not send you out again to her company, then all she is really doing is saving both of you some time. California is an at-will state, and she's not going to hire you to work for you again, and is probably going to tell other people in the company who ask about you that she had trouble with you. In specific, if you had enough time, in a pharmaceutical company, to get fired for talking too much about hockey, then she is right... you weren't showing initiative in finding work to do. There's always something I can find for a temp to do! So that is a perfectly true statement. And yes, having worked in a company that hires temps with some regularity, you ask the people who have worked with a specific temp what they think about them before you agree to hire them.

    So, if you get your way, the agency will send you out, the company will turn around and tell you to go home, and that's a day lost for you, and more for the company since it takes time to get a temp in. It's not stopping you from getting a job with any other company, so I'm not sure what your damages would be.

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