I am a professional. my previous employer submitted a written statement to the medical board stating that I am "mentally incompetent". This brings in an investigation which concluded that I am NOT mentally incompetent. The fact is in all my school and training years, no one ever raise the question of my mental health, and I never seen any psychiatrist or psychologist, or taken any medication, or using any substance. I am considering a defamation claim against my ex-employer. Can you give me your opinion on this issue?
Country relating to Question: United States
State (if USA): New York
no where else
What was the basis for your previous employer's statement? was he solicited by the board? Do you know what prompted him to make that statement?
She was not happy with my performance after I worked for her for only 2 weeks. I explained to her that it was a new job in a new city and I just gave birth, so it may take me some time to get back to my usual self. She still told me to resign although I had a 2-yr contract with her. After my resignation, she went ahead to report to the board.
Okay. Based on the facts you have thus far presented, it would appear that you have a viable cause of action against your prior employer on the grounds of slander/Defamation and intentional infliction of emotional distress. however, in order to succeed on such claims, you need to show financial harm. this can in the form of money you had to pay out of pocket to defend yourself in the board's investigation, or any lost business clients and/or opportunities due to third parties knowledge of the slanderous statement.
since I did resigned before expiration of the 2-yr contract, can she filed a Counterclaim for me breaking the contract if I sue her?
Legally yes. However, you can defeat her counterclaim if you can demonstrate that she asked you to quit.
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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