Brooklyn, NY asked in Libel & Slander, Employment Law and Employment Discrimination for New York

Q: Can i sue my workplace if a false rumor regarding infidelity was started by an administrator against me?

I am a teacher in a private school and before the summer, an administrator of the school spread a rumor that another teacher and I were having an affair on school property. This was completely untrue. We informed the school that we would not be returning if this person was not fired and we were assured she would be. The school year starts in a few days and we were just informed that she will be remaining with the school in a part time role.

A, do I have a case against the administrator for spreading slander?

B, do I have a case against the school for refusing to fire her, thereby assuring that the workplace I would have to work in would be a hostile One?

C , do I have a case against the school for delaying in telling me that she would still be on staff? This close to the start if the school year, it is impossible to find another full time job and they know that I said I would quit if she stays, so they waited untill I couldn't afford to quit.

Thank You.

2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: If you quit then constructive discharge would need to be proven. You would need to show that what was done to you was so bad that no reasonable teacher would have stayed. You will not likely recover unemployment benefits with these facts so I don't know how you would prove constructive discharge?

1. What are your damages?

2. How will you prove them.

Was what was done to you severe or pervasive.

Just last week I had a federal judge tell me "you know Mr. Urba that employer's can be mean, unfair to employee and that is not illegal."

Are you sure that what was said to you was so bad you have to quit? If you are that offended by the comment does it not look like it might have been true if you quit?

I would DEFINITELY pay for a consultation with an employment lawyer before you quit. Otherwise you may find no claim and no unemployment benefits. You need much more than one stray comment.

Barry E. Janay agrees with this answer

Barry E. Janay
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Answered
  • Employment Law Lawyer
  • Livingston, NJ
  • Licensed in New York

A: You can sue the administrator for slander, but if you don't have monetary damages it will cost you a lot of money to sue and you likely won't recover anything except maybe your good name.

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