I'm an in-house lawyer at a large corporation, and I handle employment lawsuits, among other things(never had one in Colorado, though). This is generally right. I'm assuming what happened is that she filed a meritless lawsuit against her former employer for firing her, and in discovery got the files that showed she had been the subject of dozens of complaints. This pretty much kills her suit against the company, which (according to the complaints) has a valid reason for firing her.So she sues the employees who complained instead, saying the employees (not the company) defamed her, damaging her professional reputation and causing her to lose her job. She will lose this suit too, because their complaints are valid/true according to OP. OP, the employees should be defended and indemnified by the company. In many states, including California, you have the right to have the company pay for your lawyers and damages if the actions you were being sued for are part of your job. Most courts would agree that valid complaints (the company can't dispute they're valid - it relied on them in firing the woman) are part of everyone's job and that the company should be the responsible part here.
Smoove wrote:
A couple of thoughts:
Even in employment at will states, you cannot be fired based on your race, or gender (or certain other reasons). So her initial suit may be based on a valid legal principle, even if the underlying facts ultimately don't support her claim.
Secondly, the suits against the subordinates isn't an employment claim, it is a defamation claim; so her employer's right to fire her is really not relevant (I could make a tenuous argument that it is relevant, but that argument would ultimately be a loser).