Defamation

Do I have a case of defamation if my previous boss (a school principal who I haven't worked under for 3 years) is telling people that I probably stole items at the school? This principal has spoken ill about me for years and now it is getting back to me that he is insinuating that I am a thief. I have a principal, from another school, who is interested in hiring me and is going to call this other principal and said she would tell me what they are saying about me. I am wondering if I have a case based solely on him alleging that I am a thief. If he is giving lies in his reference I feel that this will back up the people who are telling me that this is being said about me. Any advice is welcomed.

michele20012001 said:

Do I have a case of defamation if my previous boss (a school principal who I haven't worked under for 3 years) is telling people that I probably stole items at the school? This principal has spoken ill about me for years and now it is getting back to me that he is insinuating that I am a thief. I have a principal, from another school, who is interested in hiring me and is going to call this other principal and said she would tell me what they are saying about me. I am wondering if I have a case based solely on him alleging that I am a thief. If he is giving lies in his reference I feel that this will back up the people who are telling me that this is being said about me. Any advice is welcomed.

Click to expand...

Did you sign a release of information/authorization for a background check? If so it probably indemnifies anyone who gives a reference. And the principal is allowed to state what he believes to be true. He could say something like "Items went missing while Michele worked for us or were gone when she left".

Here's what the TWC has to say : Job References

Your best bet is to tell the new prospective employer what you expect him to say and why.

michele20012001 said:

I am wondering if I have a case based solely on him alleging that I am a thief

Click to expand...

Waivers don't absolve people from their negligence or wrongful acts. Not even this one:

"I hereby release any individual, including record custodians, from any and all liability for damages of whatever kind or nature which may at any time result to me on account of compliance, or any attempts to comply, with this authorization."

Though it would be foolish to sign something that says anything remotely like that.

Being accused of being a thief could be "defamation per se." See:

What Is Defamation Per Se?

If your prospective employer confirms that your former principal makes that kind of accusation your next step would be to consult a defamation attorney. Even if you get the job in spite of the principal's statements you might still have grounds for a lawsuit if for no other reason than a smackdown.

Defamation claims require a false statement. An opinion may not qualify as a false statement. But courts can also use the impact on the reader or listener as to whether a statement intended to be an opinion was taken as fact and thus qualify as a false statement for a defamation lawsuit.

Next, @adjusterjack is absolutely right about waivers not exonerating a party from their wrongful conduct. I highly doubt any company would even be so foolish to even supply a waiver which states that the leaving employee agrees to hold the company harmless for any defamatory claims that may be made by employees with regard to references. I'd be confident that the courts would find such a clause a violation of public policy. Imagine how difficult it would be to leave and find employment?

Slander claims can be difficult to make and win. If there is no recording of the spoken statement then exactly what was said will likely be a debate between the speaker and witnesses hearing the statements. And since these cases are probably not taken by an attorney on a contingency fee, you may need to pay a retainer and fund the lawsuit form beginning to end. Perhaps you take it as it comes and see what happens. And absolutely have someone with knowledge (preferably a licensed attorney) review any release you may receive from an employer. Best of luck.

Did you sign anything when you left the former employer? If suspected theft was the reason you were let go or left, it is possible there was an agreement made to limit what could be shared with future references.

In general, supervisors may state anything which is true or they believe to be true. Proving this guy is making it up out of the clear blue is very difficult. Now that you know what is likely to be said, you can address it proactively with future employers and provide others as a reference. If you worked for a school system, use HR as the one to verify employment. Give the name and contact of the AP or lead custodian as the name of the supervisor.