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Attorneys At Law, Representing Employees in Civil Rights and Employment Litigation

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Justice For Employees Is Our Business, Our Only Business

Greenberg & Weinmann has successfully represented California employees for over 25 years. In the process, we have provided guidance thoughtfully and obtained justice with steely resolve.

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Greenberg & Weinmann has aggressively pursued and obtained justice and dignity on behalf of employees since our first trial victory on behalf of a mistreated employee in Los Angeles Superior Court over 25 years ago.

We have achieved numerous six- and seven-figure results on behalf of our clients.

We pledge our loyalty and undivided attention to our clients.

If you are uncertain whether you have a case, please read our FAQ (Frequently Asked Questions). If you'd like to consult with us, please call us at 310-319-6188 or fill out our "Ready to Talk?" form.

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Defamation Defense: What is the Conditional Privilege?

 

Common Interest. The conditional privilege applies only if the statement is reasonably calculated to advance or protect the interest of the communicator or the person to whom the communication is made on a matter of “common interest.” Deaile v. Gen. Tel. Co. of Calif. (1974) 40 Cal.App.3d 841, 846. Depending on the circumstances, examples of statements made on a matter of “common interest” can include an employer’s job reference to a prospective employer and communications made between employees as part of a workplace investigation.

Malice. Even if a statement is made on a matter of “common interest,” the privilege may still be overcome by showing that the employer acted with malice. Malice for the purposes of establishing an abuse of the conditional privilege only requires a showing of a state of mind arising from hatred or ill will evidencing a willingness "to vex, harass, annoy or injure." (Burnett v. Nat. Enquirer, Inc. (1983) 144 Cal.App.3d 991, 1009. Although easy to state, establishing malice can be complex and nuanced and is a concept that both courts and attorneys frequently confuse. Future blog posts will clarify this concept further and discuss the many number of ways in which malice can be demonstrated.  

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The information contained above is intended for purely informational purposes.
It does not in any way constitute legal advice and should not be relied upon as such. 
Use of such material does not, in any way, constitute an attorney-client relationship; only an express signed agreement can create such a relationship.

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