JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

19 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Law Topics:

  • Age
  • ,
  • Law
  • ,
  • May
  • ,
  • Lie
  • ,
  • File
  • ,
  • Firm
  • ,
  • Fact
  • ,
  • Jobs
  • ,
  • Post
  • ,
  • Told
Bookmark and Share

Question

I was an interm teacher who was not rehired.   My principal told I would be rehired but the Human relations administrator made up a story and refused to rehire me.   when applying for other teaching positions this is held against me.    Since this was a HR adminstrator who never even looked in my file, do I have a case of defamation of character against him?

Submitted: 680 days and 14 hours ago.
Category: Legal
Value: $30
Status: CLOSED
+
Read More

Optional Information

Optional Information:
Wilson, North Carolina

Already Tried:
An age discrimination complain against wilson county schools

Posted by J D Haas 680 days and 5 hours ago.

Answer

You may have an age discrimination case or other employment claims, but I do not think that you have a defamation case. I cannot give an opinion of the quality of your wrongful termination case since I do not have all the facts. Regarding defamation, defamation is a statement of fact, made by one person about another person and that statement of fact is a lie and the lie causes damages to the person defamed. To apply that to your case, if the HR administrator went to the newspaper and told them "X is a convicted felon who should not work with children", then that would be defamation if it were not true. But for an HR administrator not to re-hire you is not a statement of defamation. There must be an affirmative statement of fact that is a lie before it is defamation in most cases. Simply re-hiring you is not a statement of fact that is a lie. I hope that this helps you.

I hope that I have helped you and that I have answered all of your questions. Please contact me if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

674 days ago.

Reply

Reply to J D Haas's Post: Sorry for the delay, but we've had internet problems and have not been able to use the internet since I originally asked my question.

I believe that I was not clear enough about my defamation.The HR administrator relays that fact that I was not rehired to possible future other HR administrators and that is like the kiss of death, thus he is stopping me from future teaching jobs. I need to know what I can do about him defaming my reputation and my future in teaching.

Edited by XXXXXXX XXXXX on 1/18/2008 at 8:47 PM

Accepted Answer

I believe that I understand the situation. It would not be defamation for HR administrator X to say "We will not re-hire J D Haas". That is a fact; therefore, it is not defamatory. Defamation has to be, in most cases, a lie told about someone who harms that person's reputation. Saying that "we will not re-hire J D Haas" is not defamation. I would not have a case of defamation against that person. I am sorry, but you do not have a defamation case under the facts of that situation. The HR administrator has a legal right to say that you will not be re-hired.

I hope that I have helped you and that I have answered all of your questions. Please ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm.

Picture
Expert: J D Haas
Pos. Feedback: 99.0 %
Accepts: 
Answered: 1/19/2008

Lawyer (JD)

21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials

+
Read More

Related Legal Questions

  • I AM LOOKING FOR A WEB ON HOMELES SHELTER FOR WOMAN ...
  • I co-habitted with my partner in her house for 3 years ...
  • I am on the Board of Directors for our HOA
  • How does one delivery interrogatories?
  • We have a neighbor that we don't get along with and I ...
  • how do i obtain a temporary restraining order?
  • Small business needs to know how to go about placing a lien ...
  • We provide a service of putting photos on dvds. Can we ...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.