Why the Law Fails

Words Matter — A Cautionary Tale

California's abusive conduct law demonstrates how a single phrase can neutralize an entire statute.

The intent was clear: educate workplaces and reduce abuse. The outcome has been the opposite.

What Bullying Really Looks Like

Workplace bullying includes:

  • Covert sabotage

  • Persistent hostility

  • Professional isolation

  • Retaliation without documentation

  • Abuse hidden behind authority or policy

These behaviors rarely involve defamation, yet they cause profound harm.

Why "Malice" Doesn't Apply

The legal standard of malice:

  • Requires proof of knowingly false publication

  • Is designed for defamation case

  • Does not capture psychological or systemic abuse

  • Cannot be proven in the workplace bullying framework

This mismatch leaves workers unprotected and disbelieved.

Our Request

We ask California legislators to sponsor and support legislation removing the phrase "with malice" so that abusive conduct can be addressed based on behavior, impact, and context—not an inapplicable legal standard.