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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6422
Experience:  20 years professional experience
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My supervisor demanded that I provide a false report to top

Customer Question

My supervisor demanded that I provide a false report to top level administrators at my university. When I did not do as she wished, she made my life miserable. Eventually I transferred to faculty. She threatened me that I would never receive tenure as long as she was at the university. Two years ago, I applied for tenure and she launched an investigation of my research. A 3rd party investigator was brought in and I was vindicated and my research was rated as excellent and I received tenure. Now she has launched a campaign to have my academic credentials reviewed and placed me in a lower range on the faculty compensation scale. She has also changed my teaching load to limit me to one course and she has removed the course from our core curriculum without a vote of the faculty. Now that my course is an elective, I feel that my career is at risk. I work at a public university in Texas and it seems that I am being receiving retaliation for not lying to the administrators as she demanded.
PS - She was part of a group that brought male strippers to a university function to entertain her staff and I do not think this is legal for a public university. She also created a compensation plan that inflated salaried for administrators by comparing them to more prestigious institutions and using less prestigious institutions for faculty comparisons to keep these salaries low. Since she threatened me and tried to deny my tenure, I am concerned that she is taking another route to try to eliminate my position. What is your advice? Do I have any kind of case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

You may have a case for suing her personally under a claim for tortious interference with contract or prospective business relations between you and the university. You also may have a claim for defamation to the extent she has engaged in any false statements which damaged your reputation.

To prevail on a claim for tortious interference with prospective business relations, the plaintiff must establish: 1) there was a reasonable probability that the plaintiff would have entered into a business relationship with a third party; 2) the defendant either acted with a conscious desire to prevent the relationship from occurring or knew the interference was certain or substantially certain to occur as a result of the conduct; 3) the defendant's conduct was independently tortious or unlawful; 4) the interference proximately caused the plaintiff injury; and 5) the plaintiff suffered actual damage or loss as a result. Coinmach Corp. v. Aspenwood Apt. Corp., 417 S.W.3d 909, 923 (Tex. 2013).

The elements of tortious interference with an existing contract are: 1) an existing contract subject to interference; 2) a willful and intentional act of interference with the contract; 3) that proximately caused the plaintiff's injury; and 4) caused actual damages or loss. Prudential Ins. Co. of Am. v. Fin. Review Servs., Inc., 29 S.W.3d 74, 77 (Tex. 2000).

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