False Accusation

[PropertyManager]

In California. Can I sue a previous tenant for filling a complaint with the DFEH falsely accusing me of being racist? They did not file until after they were asked to leave. How hard would it be to prove that they have falsely filled this complaint in retaliation?What is the name of your state (only U.S. law)?

[cbg]

Very hard indeed. If they sincerely believe that you are racist, they are entitled to state that opinion, even if they are mistaken. You've heard of the First Amendment?

In any case, what damages did you suffer because of this "accusation"?

[PropertyManager]

Yes I am familiar with the constitution. Since we are being flip let me ask a question along those same lines. Since we have the right to keep and bear arms should we all be allowed to own assault rifles, high powered machine guns and possibly a bazooka or rocket launcher? Would it depend on my interpretation of what I believe I need to be safe or to protect my person or property as to what I am legally allowed to own or carry on my person?
Just like owning a bazooka I really don't think that's what the constitution was written for. To give a particular group of people the right to falsely accuse each another in retaliation and just for spite. It just seems like a very twisted and prejudicial interpretation to me. Not to mention a waste of tax dollars.

Just to have a complaint filed against me because of the color of my skin seems racist to me. But then I'm not a lawyer so what do I know.
Other than having our reputation and our character questioned at this point it would be hard to prove any loss. Once someone makes an accusation against you like this it will always be in backs of peoples minds. Who knows how it is going to effect our future here. We will have to see what happens next and how reliable the system is. I know that if I were to say something like these accusers have said there is a good chance I could be perceived as a racist. On the other hand when said about me it's their constitutional right to do so.

[CdwJava]

Originally Posted by PropertyManager

Just to have a complaint filed against me because of the color of my skin seems racist to me. But then I'm not a lawyer so what do I know.

It may be the result of prejudice, but that does not mean it is illegal. The complaining party might truly believe you were being racist. Even if you are not, they are free to hold that opinion and there really is no a whole lot you can do about it.

If investigated, you will be asked for a response. The law generally concerns due process, not that you be free of annoying accusations.

Here is a link to more information on the process:

[url=http://www.dfeh.ca.gov/DFEH/Complaints/eCompProc.aspx]DFEH - Employments Complaint Process[/url]

If you have a lot of money and can find an attorney willing to take the case, you can TRY to sue this person, but unless they have a significant income or assets, what would be the point? And how do you prove that your actions were NOT as a result of racial prejudice? Unfortunately, you probably cannot prove it.

At this point, about all you can do is refute the allegations when/if the DFEH contacts you for a response.

- Carl

[PropertyManager]

Isn't that nice? I thought I was going to get advice from a licensed attorney. Does just anyone who visits here practice law?

[CdwJava]

Originally Posted by PropertyManager

Isn't that nice? I thought I was going to get advice from a licensed attorney. Does just anyone who visits here practice law?

Yep, there are a few. But, they are not going to give "legal advice" as they are not YOUR attorney.

Have you even check with the DFEH and asked what YOUR options are in response to the complaint?

And understand that you CAN sue the complaining party ... ANYONE can sue almost anyone else for most anything. The problem is prevailing. You will not only have to find legal grounds on which to sue this person, but you will also have to articulate damages. You cannot say that you MIGHT one day be damaged by the allegation and expect an award.

if you feel you have a case consult an attorney. I suspect you are going to be told that the complaining party has a right to make a complaint.

If you feel that the allegations were knowingly and intentionally slanderous, perhaps you have grounds to sue. But, the burden of proof will be on you. Plus, you will have to hope that the other party has the money to pay any award that might be obtained. In a case without damages, it is more likely that your attorney's fees would be awarded but you might strike out unless punitive damages are awarded.

Understand that people can make complaints. They can also hold opinions they do not like. I'm in law enforcement. If someone makes a complaint claiming I am a racist and a fascist, I have to live with it. I can no more prove I am neither than they can prove that I am either. But, their opinion can still be valid. What will be at issue will not be whether you are racist, but whether your actions were lawful and based upon established law and guidelines and NOT based upon racial bias (or some other unlawful conduct).

But, feel free to consult a local attorney. Perhaps the person wrote complete fabrications. But, if they wrote an interpretation of events and then attributed it to a perception that you were some sort of racist, you are likely left with no recourse outside the DFEH process.