Defamation in an unrelated court case

I read in one of your answers that it is legal for an employer to include any statements they want in a court case, and this will not count as defamation. Recently I found out that some horrific accusations were made about me by my last employer. These were submitted in writing to the courts during an unemployment case with a different co-worker. The statements about me were untrue and had nothing to do with the case at hand. It looked as though they had simply included things about me in her file. This is now in public court documents that anyone has access to. Is this legal? Do I have a reason to consult a lawyer?

1 answer  |  asked May 23, 2007 7:41 PM [EST]  |  applies to California

Answers (1)

George Allen
Litigation Privilege

In broad terms, statements made to court (or to EDD)are privileged, and cannot be the basis for a defamation lawsuit. You should certainly consult an attorney to find out whether this general rule applies to your situation, and whether there is any way for you to take some action against the responsible person(s).

posted by George Allen  |  May 23, 2007 11:35 PM [EST]

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