Employee suit SLAPPed down

A departing employee was accused of deleting her employer’s valuable computer files and responded by filing a malicious prosecution claim against her erstwhile employer. The court determined the lawsuit was prohibited because there is no liability for making a reasonable claim to law enforcement.

Police called as employee departs

Saide Lugo was employed by Pixior, LLC. Pixior describes her as a disgruntled employee who quit in a huff and, on her way out, spitefully deleted its valuable computer files. According to Lugo, the company invented specious charges, hoping to make her look bad because her whistleblowing was about to help its foe in an impending dispute.

Pixior complained to the police, who arrested and charged Lugo. She ultimately avoided criminal liability because her criminal defense attorney discovered a Pixior employee lied under oath at the preliminary hearing. This tainted witness’s testimony was vitally significant: The damage convinced the prosecutor to dismiss the case against Lugo as unprovable. The trial court declared her factually innocent.

Lugo then sued Pixior and some of its employees for malicious prosecution. The trial court denied the defense’s special motion to strike, arguing it couldn’t be liable for the protected activity of seeking a criminal prosecution. The court of appeal would reverse that decision, finding it was error to deny Pixior’s motion.

Pixior files SLAPP motion to dismiss