by Michael Futterman and Jaime Touchstone
When an employee is accused of theft while working in a customer’s home, it can become a sticky situation for the employer—especially if the theft cannot be conclusively proven. As one satellite TV provider learned, proper processes can help deflect claims of defamation from a terminated employee.
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A DISH Network technician was accused of stealing from a customer. Even though an internal investigation was inconclusive as to the technician’s guilt, his employer terminated him for being evasive during the investigative process.
The technician sued, claiming he had been defamed, and a jury awarded him more than $250,000. The court of appeal reversed, finding the alleged defamatory statements were opinions rather than facts and therefore could not serve as the basis for a defamation claim.
The case emphasizes for California employers the importance of proper workplace investigations and solid employment reference policies.
For full details of the case and its outcome, continue reading.