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Labor/Employment

Mar. 29, 2003

Developing a Defense Against Wrongful Termination Claims

Employment Column - By Phillip R. Maltin and Del San Juan - Evidence that an employee committed an uncharged crime or a civil wrong can help a law firm defend against a claim for wrongful termination. In all civil cases, character evidence - reputation or propensity to commit an act - generally is not admissible, however. Evidence Code Section 1101(a). Yet misconduct is admissible when relevant to establish something other than character or disposition, "such as motive, opportunity, intent,

        Employment Column
        
        By Phillip R. Maltin and Del San Juan
        
        Evidence that an employee committed an uncharged crime or a civil wrong can help a law firm defend against a claim for wrongful termination....

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