Defamation and Retaliation at Work: Know Your Rights
If your employer has spread false information about you or retaliated against you for speaking up about wrongdoing, you may have legal rights. A recent court decision in Hearn v. Pacific Gas and Electric Company (PG&E) offers important lessons for employees in California.
The Case: Hearn v. PG&E
What happened: Todd Hearn, a former PG&E employee, filed a lawsuit alleging retaliation under California Labor Code § 1102.5 and defamation.
Trial result: The jury rejected his retaliation claim but awarded him $2.16 million for defamation, finding PG&E had made false and damaging statements about him.
Appeal ruling (April 4, 2024): The Court of Appeal overturned the defamation verdict, concluding that the defamation claim was not separately actionable from the termination itself because it arose from the same employment-related conduct.
What This Means for You
1. Defamation Can Still Be Actionable—But Timing and Context Matter
• If your employer makes false statements that damage your reputation, you may have a defamation claim.
• However, if those statements are closely tied to the reasons they gave for firing you, courts may say it’s not a separate legal issue unless there’s evidence of malice or independent harm.
2. Retaliation is Illegal
Under California Labor Code § 1102.5, your employer cannot retaliate against you for reporting illegal or unethical behavior.
Retaliation can take many forms: firing, demotion, harassment, or spreading false rumors.
You Have Rights. Let Us Help You Enforce Them.
If you’ve been:
Falsely accused or defamed by your employer,
Fired or punished for reporting unsafe, illegal, or discriminatory behavior,
Treated unfairly after speaking up,
You don’t have to face it alone. At WorkRight Law, we fight for employees who’ve been wronged by their employers. We understand how intimidating it can be to take on a company—but we’re here to advocate for the everyday worker.
Contact Us Today for a Free Consultation
(562) 760-8803
We’re ready to listen, guide, and fight for your rights.