Full question:
My wife, a teacher with over 20 years experience, has been working at a local private school for five years. The Headmaster's wife works in the English department with her. This very powerful woman has been 'mentoring' a well-below average student who is in my wife's class, and who consistently refuses to do the work, which forces my wife to give him low grades. The success of this student is so important to the Headmaster's wife that she wrote a formal letter to her husband and the division head accusing my wife of unprofessional behavior, laziness, and a host of other things. The letter is so inflammatory that the division head does not want us to see it, as it would cause further tension. A few weeks after the letter was written, the Headmaster called my wife, an excellent teacher with an excellent record, into his office and accused her of neglecting her duties - even went so far as to accuse her of not reading papers, etc. Needless to say, this has created a work environment that is very difficult. Question: If we secure a copy of the letter and it includes accusations of a professional nature that can be proven untrue - and quite possibly personal information insulting to my wife - what is her recourse?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Indiana
Answer:
The U.S. law protects employees from being fired for discriminatory reasons based on protected classes such as age, race, gender, nationality, handicap, or religion. However, terminations for budgetary reasons are not illegal. Wrongful discharge claims often arise from discrimination against a protected classification. If an employee lacks an employment or union contract, they are typically at-will employees, meaning they can be fired for any reason without notice.
Slander is a type of defamation involving false statements that damage a person's reputation. For a statement to be considered defamatory, it must be false, and the speaker must have known or should have known it was false. Employers may have some protection against defamation in the workplace, especially if the statements relate to job performance. Courts have recognized valid defamation claims arising from statements in discharge letters, performance evaluations, and other internal communications.
To establish a claim of slander, a plaintiff must prove four elements: 1) a defamatory statement, 2) published to third parties, 3) known or should have been known to be false by the speaker, and 4) injury caused by the statement. Unlike libel, damages for slander must be proven unless the statement is defamatory per se, which includes claims that harm a person's profession or imply criminal behavior.
Defamation cases can be challenging to prove. Courts consider the thoroughness of the defendant's investigation into the statement's accuracy. Generally, damages are not awarded if the defendant had an honest but mistaken belief in the statement's truth.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.