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Greenberg & Weinmann has aggressively pursued and obtained justice and dignity on behalf of employees since our first trial victory on behalf of a mistreated employee in Los Angeles Superior Court over 25 years ago.
We have achieved numerous six- and seven-figure results on behalf of our clients.
We pledge our loyalty and undivided attention to our clients.
If you are uncertain whether you have a case, please read our FAQ (Frequently Asked Questions). If you'd like to consult with us, please call us at 310-319-6188 or fill out our "Ready to Talk?" form.
What qualifies as actionable defamation: fact vs. opinion
Not every false, offensive, and mean-spirited remark will justify a defamation suit. It is not enough that a statement is inherently hurtful and injurious to your reputation. For it to be actionable, a statement must assert or at least imply a false fact about you. A mere expression of opinion is not actionable under California defamation law unless it insinuates that it is based on some undisclosed defamatory facts. See Okun v. Superior Court (1981) 29 Cal.3d 442, 451-52.
Continue reading: What qualifies as actionable defamation: fact vs. opinion
What is the statute of limitations for defamation and when does it begin to run?
California’s statute of limitations for defamation is one year. Cal. Code of Civ. Proc. § 340(c). Because the “rule of discovery” applies to defamation, the one year statute of limitations does not begin to run until the defamed victim actually discovers or reasonably should have discovered the defamatory statement. This means that even though a defamatory statement may have been made about you two, three, four or more years ago, you may still have an actionable claim for defamation so long as you file a lawsuit within one year of discovering that this defamatory statement was made about you.
Continue reading: What is the statute of limitations for defamation and when does it begin to run?
My employer has published false critisism about my work performance. Does California law allow that?
The publication, whether oral or written, of false criticism of poor performance, incompetence, or dishonesty—whether made in the context of a performance review or as the employer’s stated reason for the employee’s termination—is defamation per se. Employers often argue that they are immune from liability for these statements based on the defense of “conditional privilege,” which grants immunity against defamation for communications made on subjects of mutual interest (i.e. publisher makes the defamatory statement to a person who has a common interest in the subject matter of the statement).
Paul Greenberg Named 2014 Southern California Super Lawyer
August 2013 – For the ninth year in a row, managing partner Paul Greenberg has been named one of California's "Super Lawyers" in the area of employment litigation. This recognition is the end result of a unique multi-step process that evaluates attorneys to find evidence of peer recognition and outstanding achievement.
Mr. Greenberg is also a member of the Million Dollar Advocates Forum, membership of which is limited to trial lawyers who have demonstrated exceptional skill, experience and excellence in advocacy by trial verdict or award of settlement in the amount of one million dollars or more.
Industry-Specific Burdens to Plaintiff’s Employment Claims
April 2013 – In an article published in Advocate: Journal of Consumer Attorneys Associations for Southern California, partner Iris Weinmann writes about the different burdens that employees working in certain industries must meet before they can pursue litigation against their employers. In particular, Ms. Weinmann discusses the different hurdles imposed by the National Bank Act, ERISA and NLRA as well as other statutory and regulatory rules.
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The information contained above is intended for purely informational purposes.
It does not in any way constitute legal advice and should not be relied upon as such.
Use of such material does not, in any way, constitute an attorney-client relationship; only an express signed agreement can create such a relationship.
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