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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35737
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was a teacher at a turnaround school in richmond CA. THe

Customer Question

I was a teacher at a turnaround school in richmond CA. THe district did not renew my contract because I am "at will" despite a 300 person protest from students, parents and teachers. DUe to the public attention, the District and personnel involved in the law program that I taught have released statements in the media and in emails defaming my character. How do I go about suing for this, as it has affected my ability to get work?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.

The law generally recognizes four types of Defamation Per Se:

1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.

2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.

3. The third category deals with allegations of sexual deviance or the lack of being a virgin.

4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.

Under CA law, you are entitled to sue the persons who have spread the false allegations of fact. That would include the district itself if the district issued formal communications which were defamatory as well.

You will name the individuals who released the defaming remarks individually and add the district of you believe the district also defamed you through official statements by the District. Keep in mind that in CA, you must file a notice of claim against a government entity before you may sue them in court, and this notice must be filed within 6 months of the alleged incident(s) that you will be suing on.

A local personal injury law attorney will be able to assist you with the preparation of the lawsuit, and the serving of the Notice of Claim against the District.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you.

I wish you and yours the best in 2015,

Doug

Expert:  LawTalk replied 1 year ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here.

Thanks in advance,

Doug