California Employment Law Update

Category Archives: Defamation

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Court Upholds $775,000 Jury Award Against Employees Who Libeled Former Employer And Company Executives

Varian Med. Sys., Inc. v. Delfino, 113 Cal. App. 4th 273, 6 Cal.Rptr.3d 325 (2003) Varian and two of its executives, George Zdasiuk and Susan B. Felch, sued two former employees, Michelangelo Delfino and Mary Day, after Delfino and Day used Internet bulletin boards to post more than 13,000 derogatory messages about Varian and the two executives. … Continue Reading

Summary Judgment Affirmed In Favor Of Employer That Made Erroneous Statements About Former Employee

Noel v. River Hills Wilsons, Inc., 113 Cal. App. 4th 1363 (2003) Brandon J. Noel sued his former employer, River Hills Wilsons, Inc. (Wilsons), and a Wilsons manager, Shelly Santillan, for defamation arising from Santillan’s erroneous statements to a background investigator (Choice- Point) retained by Noel’s new employer (GTE) that Noel left Wilsons because of … Continue Reading

Employer’s Anti-SLAPP Motion Against Employee Was Properly Denied

Du Charme v. IBEW, Local 45, 110 Cal. App. 4th 107 (2003) Frank Du Charme sued the International Brotherhood of Electrical Workers (IBEW), Local 45 and Cecil Wynn, the individual who was assigned to operate Local 45 after it was placed in trusteeship in conjunction with an investigation into its financial operations. Among other things, … Continue Reading

Union’s Anti-SLAPP Motion Was Properly Denied

Rivero v. AFSCME, AFL-CIO, 105 Cal. App. 4th 913 (2003) David Rivero was a supervisor of janitors at the International House at UC Berkeley before his employment was terminated when he refused to accept a demotion to dishwasher and pot scrubber in the International House’s kitchen. Rivero sued his union, the AFSCME, for libel, slander … Continue Reading

Union Comments Made About Employer During Labor Dispute Were Not Defamatory

Steam Press Holdings, Inc. v. Hawaii Teamsters & Allied Workers Union, 302 F.3d 998 (9th Cir. 2002) During the course of a labor dispute, union president Mel Kahele told a number of employees of the company (Steam Press Holdings, Inc.) that the owner of the company, Michael Drace, was “making money” and “hiding it in … Continue Reading
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