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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6934
Experience:  Significant experience in all areas of employment law.
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I am a school director: We have a facebook account. I student

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I am a school director: We have a facebook account. I student posted negetive comments about the school and the school owner: The following was Posted: So I think its sad to know that thie owner of my school hates his own project of school I guess its.not what he expected to be in money.lol well I guess we all feel the same way about the school sad to say but all well I guess lol . But the the wrost of all is to see this man who I think we all saw as great person is not who we thought to be ...... Booooo a great man falls lower then ever

Yesterday at 9:14pm via mobile ·
Can I terminate her program for demenoring and slandering the school and the owner. She has publicly added a comment that is negative and creating disruption of the school.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Due to a couple possible typos, your question is not entirely clear as written. Did a student make the statements on the facebook page? Were these comments posted through the school's facebook account, onto the school's facebook page? Thanks
Customer: replied 2 years ago.

Yes the student posted these comments on facebook through the school's facebook account .

Expert:  Patrick, Esq. replied 2 years ago.
Okay, thanks. When you see you want to "terminate her program," what do you mean by that? Sorry again for my confusion.
Customer: replied 2 years ago.
Yes. We are a cosmetology school. She is currently enrolled in our school. The owner of the school has a Facebook page where students and public can view and post ( as you know). Well the student posted some negative comments so that all can see. Sloundering the school and critizing the owner ( what you read already). Made comments that can jeopardize the school as well as the owners reputation. Can I terminate her from our school and if nessary take legal action for libal and slounder? The following is what she posted in our social media page:

So I think its sad to know that thie owner of my school hates his own project of school I guess its.not what he expected to be in money.lol well I guess we all feel the same way about the school sad to say but all well I guess lol . But the the wrost of all is to see this man who I think we all saw as great person is not who we thought to be ...... Booooo a great man falls lower then ever
Expert:  Patrick, Esq. replied 2 years ago.
Okay, thanks for the additional info.

You should know that defamation, whether libel or slander, is the making public of a false statement of fact about a person that causes damage to their reputation. Key here is that the statement is not a statement of opinion, but a statement of fact. For example, "Bob was convicted of rape" is a statement of fact--it's either true or not. But, "Bob is a sleazy guy" is a statement of opinion because it cannot be disproved as false, it's subjective.

Saying that someone "hates the school," or "fell lower" sound more like statements of opinion rather than statements of fact. Further, the school or school owners would need to be able to show that they were actually damaged by these statements. Unless the statement was widely publicized, damage is likely minimal if existent.

In short, it would be difficult to prove a claim for defamation on the facts that you have provided. However, I would recommend consulting with a local attorney. Typically, initial consultations are free.


Here's a link to referral services at the California Bar website: http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

I hope this information helps you in deciding what to do. Bear in mind that none of the above constitutes legal advice. Good luck and please remember to click "accept" so that I get paid for my time. Thanks so much.
Customer: replied 2 years ago.
Ok so regardless of what Is posted that can demeanor the school as well as the owner and can cause discord. If the school feels that it will generate negativity among the other students I can terminate the student. But I can not take legal action. Right?
Expert:  Patrick, Esq. replied 2 years ago.
A student is not an employee and you cannot terminate them at will for misconduct. If you were to kick a student out of the school, it must be in accordance with established disciplinary procedure and policy, and may require you to reimburse him or her for tuition paid.

--------------

The only facts I know about your situation are the ones that you tell me, so please try to be specific and bear in mind that, occasionally, miscommunications will occur. I will do everything I can to clarify my answer if I have misunderstood your question. Also bear in mind that the law does not always read how we think it should. I ask that you be understanding if an opinion I have provided is not consistent with what you wanted to hear.

Finally, the information that I have provided is not legal advice. I am not acting as your attorney and my answer does not establish an attorney-client relationship between us. I encourage you to consult with a local attorney in regard to legal matters.
Customer: replied 2 years ago.

I do understand: I belive this will be my final questions.

 

rule # XXXXX of the school rules and policies.

***Students have the privilege at all times to consult the management on personal problems. The Academy positively reserves the right to suspend or expel a student who gossips, uses vulgar language or causes discord.

 

With that being said, and based on the comments made by the student on the social network. Would this be justification enough to terminate her enrollment with our school?

Expert:  Patrick, Esq. replied 2 years ago.
I "just answer" questions of the law, I cannot give you an opinion regarding the specific language contained in your school policies. Personally, though, the above policy seems to be addressing exactly this type of situation.

I'm sorry I cannot be more specific on this point, but Just Answer specifically prohibits us from providing "legal advice." I can explain the relevant laws to you, but I can't tell you what to do. Thanks so much for understanding, and I hope that you find my responses helpful.
Patrick, Esq., Lawyer
Satisfied Customers: 6934
Experience: Significant experience in all areas of employment law.
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