How can you protect yourself from being falsely accused of breach of confidentiality

Over the past 2 years I have documented hostile and discriminate behavior against me in my workplace. It got so bad that one-day the Director exploded in an anger and rage against me in front of the entire office. I documented the event and sent an email to the HR department. The retaliation I experienced was awful, they took my sales numbers away from me, which lowered my take home pay, and they intimidated the entire office that witnessed the threat against me. I worked under extreme hostile conditions for too long and left 7 months after the assault, to work for another company in the same industry. My old company has sent threatening letters to my new employer and me. And because non-competes don't hold up well in the sate of CA, they have begun threatening and wrongfully accusing me of breech of confidential and non-solicitation as another way to harass me. The company has a very bad reputation in the furniture industry because of their quasi-unethical and litigious actions. The new company's attorney has begun communication with my old company's counsel, and are willingly to negotiate. However, the old company has drafted a new agreement asking me to sign a mutual release and they will leave me alone, I don’t trust that company what can I do?

1 answer  |  asked Feb 13, 2010 12:13 AM [EST]  |  applies to California

Answers (1)

Karl Gerber
What form of discrimination are you experiencing? Discrimination may be actionable if it is based upon age, sex, race, disability, pregnancy, etc.

Retaliation is actionable if it is based upon asserting protected rights by statute. The California courts have seriously tightened what retaliation is. Being assigned to another office or desk is not. I had a case where the judge said requiring a cashier to sweep the parking lot and clean the bathrooms when janitors usually did that job was not retaliation. A serious detriment in job status, or pay is probably required to be retaliation if the retaliation is based upon something protected by statute.

General workplace hostility and mean behavior may be worker's compensation under certain circumstances.

The issues you raise should be dealt with via a private conversation with an attorney due to the attorney client privilege.

posted by Karl Gerber  |  Feb 13, 2010 6:12 PM [EST]

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