CA - Slander or Wrongful Term????

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mdcallerrb

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My wife was fired today from her bank job without warning. She was fired for employee confidentiality reason. She has been a model employee. The circumstances: We were at local small bar in our small community, when we overheard 3 drunken individuals talking contracts very loudly in regards to a local casino, and we were 25 ft away. My wife commented to me that if they belonged to a professional organization that deals with or is apart of the casino, they could be fired. She told an employee for the casino when she went to work that she overheard 3 individuals at "Greenhill's" (where we live) talking contracts concerning the local casino. She told my wife that she knew a lady that lived out there. This employee went to the lady that lived in our community, that worked for the local casino, and told her what my wife said. This lady is a manager at this casino and went to complain on my wife that she shouldn't be discussing confidential information in regards to the casino. How can discussing this kind of information with an employee of the organization be a confidentiality issue, and what she discussed with that employee was not confidential information (i.e.: accounts, employees, loans and etc) The bank feeling pressure and concerned about loosing this major account with millions in their bank, fired my wife. This may not be a wrongful termination, but my wife was slandered in my opinion that cost her, her job.
 
This is not a wrongful term and if the employee correctly reported what your wife said, it is not slander either.
 
More details: She told this emploiyee (of the casino) that she over heard 3 people talking contracts and other casino business at at the bar. My wife commented to me that who ever they were, they can be fired for discussing casino business. She was looking out for the client when she told that casino employee. Come to findout, those individuals at the bar worked for the casino and the employee of the casino went to who she thought was at the bar that night and told them my wife over heard them. The individual at the bar told the bank my wife was discussing private casino information, and that is a lie. I'm positive that women at the bar wanted her fired. I'm sure the owners would not appreciate their employees discussing private information at a bar. Because my wife did not discuss private casino information like was reported, and the fact is she discussed it with an employee at the casino, this is not a privacy violation, like reported to the bank. Would that be slander?
 
Once more what law do you feel was violated? I see no law violation. Wrongful termination is termination that violates law like discrimination. Discrimination only is applied to protected classes like race,sex, age etc. Unless there was a contract or CBA I see no law violation. Unfair is not always illegal
 
You can sue anyone for any reason however the key is will you win? You are certainly free to consult an Attorney or take this to small claims but the likihood of a judgement in your favor is slim. On reverse you could be sued for same reasons as you took actions yourself.
 
A wrongful termination does not mean that you were violated for something you did not do. It means that you were terminated for a reason prohibited by law. This is not a wrongful termination. There is no cause of action to sue the casino.

Before filing suit for slander you had better be certain you can prove that the individual deliberately lied. Not, misunderstood what was said. Not, honestly thought that what they were saying was true but that they were mistaken. Not, misheard what your wife said and reported honestly what they thought they heard. Not, in their opinion the information they heard her discuss was private and in your opinion it is not. It's only slander if they KNEW she did not discuss private information and deliberately and maliciously said she did. And maybe not even then - slander cases are difficult to win.

BTW, it's your wife that would have any claims. Not you.
 
What she discussed was not a privacy issue according to her facts. There has to be something else that was said in order to get her fired. They will not share with her the formal complaint, just that she violated their privacy. How can she get a copy of the formal complaint so she can see the charges brought against her?
 
Your not understanding what your being told. There was no unlawful action therefore there is no wrongful termination. The previous poster gave requirements for slander which show that a law suit it not likely either. Its time to give up lesson learned and look for new position
 
mdcallerrb said:
What she discussed was not a privacy issue according to her facts. There has to be something else that was said in order to get her fired. They will not share with her the formal complaint, just that she violated their privacy. How can she get a copy of the formal complaint so she can see the charges brought against her?
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Let me try: You have no case.
 
How can she get a copy of the formal complaint so she can see the charges brought against her?

She can't. Her employer is not a court of law and does not have to allow her to "see the charges". California is an at-will state; she can legally be fired for anything that does not specifically violate the law.

Unless you can point to a specific law the expressly prohibits the employer from firing her for this reason, she was not wrongfully terminated. Period. All she can do is file for unemployment and look for other work.
 
cbg said:
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Unless you can point to a specific law the expressly prohibits the employer from firing her for this reason, she was not wrongfully terminated. Period. All she can do is file for unemployment and look for other work.
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I respectfully disagree. It should be:

Unless you can point to a specific law the expressly prohibits the employer from firing her for this reason, she was not wrongfully terminated. Period. End of story. Even if. All she can do is file for unemployment and look for other work.
 
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