Alice Roosevelt, as the story goes, had an embroidered pillow reading “If you can’t say something good about someone, sit here by me.” When employers are bending over backward to comply with the onerous California employment laws, there is a huge temptation to want to warn the next employer what they are getting themselves into. And since truth is a defense against defamation, that should be fine, right?? The answer is not as clear as you would like.
Being Sassy May Not Be Protected
In Hollis v. R &R Restaurants, Inc. (9th Cir. 2025) 2025 WL 3212363, an exotic dancer who worked at Sassy’s restaurant sued the restaurant and its owners in 2021 claiming misclassification as an independent contractor. After the lawsuit was filed, a Sassy’s manager, who also managed another club called Dante’s, cancelled Hollis’ scheduled appearance at Dante’s, stating he wanted to protect Dante’s from legal liability after Hollis had sued Sassy’s. At first blush, it would seem that the manager was doing the right thing by minimizing Dante’s contact with a litigious employee. However, in response, Hollis amended her complaint against Sassy’s to add a retaliation claim. The lower court held that because Dante’s did not employ Hollis, her retaliation claim was barred. The Ninth Circuit disagreed and found that the manager only had to act “indirectly in the interest” of Sassy’s to create a retaliatory scenario. Thus, not only was Dante’s potentially setting itself up for a litigation inferno...
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