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California Employees Defamation Blog

Examples of Defamatory Criticism of Work Performance

In an earlier blog entry, we discussed how the publication of false criticism of poor performance, incompetence, or dishonesty—whether made in the context of a performance review or as the employer’s stated reason for the employee’s termination—is defamation per se. An employer may be liable for such defamatory statements subject to a showing of malice. Here are some examples of what California courts have held to be defamatory criticism of work performance:

 

  •  Bank loan officer was accused of being “terminated because he was not following standard operating procedures regarding loans, lacked regard for customer’s privacy, and the bank had received a number of customer complaints about him.” Prevost v. First Western Bank (1987) 193 Cal.App.3d 1492, 1497.                                                                                                                                                                        
  • Corporate officer accused of “making false statements,” using “his office to obtain revenge,” being a “black sheep,” “unscrupulous,” using “lies and hypocrisies,” having “desire for power” causing “him to act without reason,” being a “parasite in the organization who did nothing,” “proud, snobbish and vain,” “insane in command,” “irresponsible,” and “unable to assume responsibility and direction of groups.” Correia v. Santos (1961) 191 Cal.App.2d 844,854.                                                                                                                                
  • Manager discharged as a result of internal complaint to HR department of accusations of “sexual harassment and other improprieties.” Cruey v. Gannett Co. (1998) 64 Cal.App.4th 254,257.                                                                                                                                      
  • Lawyer was a “crook,” “thief” and running a “scam.” Albertini v. Schaefer (1979) 97 Cal.App.3d 822, 834-835. • Businessman was “out for a fast buck,” which court stated is meant to describe a “businessman of questionable ethics.” Cameron v. Wernick (1967) 251 Cal.App.3d 890, 849.                                                                                                                                                                                             
  • Former employee terminated because he “misused company funds,” “falsified invoices,” and was “ineligible for rehire.” Kelly v. General Telephone Co. (1982) 136 cal.App.3d 278,284-285.                                                                                                                                      
  • Office manager was “behind in her work,” “stealing money from the company” and “conspiring to steal money,” and worked a health insurance deal “to the detriment of other employees.” Davaris v. Cubaleski (1993) 12 Cal.App.4th 1582, 1586-1587,

This is not an exhaustive list. In sum, any false criticism of work performance can be defamatory if, upon its face, it “has a natural tendency to injure a person’s reputation, either generally, or with respect to his occupation.” Washer v. Bank of America (1943) 21 Cal.2d 822, 827.

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  • I was hired full time at a surgeons office. I am a Medical Assistant. After I refused to falsify my time card causing the other staff to have to work full days on Fridays as opposed to leaving at 2:00 pm and submitting 4:30 on the timecard, as well as a few other "illegal/unethical" issues, my manager retaliated against me so badly and I reported it to HR and then it got really bad for me. I was terminated after my 90 day probationary period citing poor performance. An email was sent to the HR department by one of the physicians stating "he no longer trusted me to care for his patients". He said I am not truthful, honest, hardworking, thorough or trustworthy. Two weeks after my termination my manager was terminated. As it turns out the physician did not write the email. My manager did it from his computer. I was also told I was incompetent and didn't meet proficient level of a MA. During my probationary period I was sent out a total of 18 times to work with other physicians. Three of which requested I be transferred to their office as their assistant. I was valor of my class. I am a very good Medical Assistant. My career is ruined because of one evil woman. Can you offer any advise? I also have copies of other fraudulent emails. Thank you

    from New Jersey, USA
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About Paul Greenberg and
Greenberg & Weinmann

paul greenberg

Paul Greenberg is managing partner of Greenberg & Weinmann, a law firm that is committed to advancing justice in the workplace and protecting employee rights. For over 25 years, (the last 20 with partner Iris Weinmann), he has handled legal claims on behalf of employees, including over 50 defamation cases that have resulted in significant compensatory and punitive damages and Labor Code section 1050 penalties, in both state and federal court. Greenberg & Weinmann has successfully litigated defamation claims to verdict and received favorable appellate court decisions upholding or reinstating employee rights with respect to their defamation claims. Greenberg & Weinmann is based in Santa Monica, California but litigates statewide.

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