Slander/Defamation in GA workplace

[bobcatou]

What is the name of your state? Georgia

I am a teacher at a public high school in Georgia. This past week, I had a disagreement with the attendance clerk at my school (Ms. P). The disagreement was documented by email, and it related to our duties and responsibilities as it pertained to an online school information system. Immediately following this disagreement, Ms. P. posted a notice on the door of the restroom in her office stating it was "for office personnel only", though I was the only one who was verbally reprimanded for using this restroom. I was also asked not to use the restroom by the secretary in another office down the hall. I assumed this all related to my disagreement with Ms. P., and continued to use the restroom and told her it was the property of the Board of Education, and not her personal restroom. At this she became extremely irate and began to scream at me, use profanity, and nearly injured my hand when she slammed a door in my face.

As I was documenting this situation, a teacher with whom I have had brief contact with in the past told me she needed to tell me something. She said that Ms. P. told her she was acting on a rumor spread by a teacher (Ms. A) who said that I have genital herpes. Ms. P told the other secretary this rumor, and that is why I was banned from that restroom as well. After hearing this, I had a meeting with my head principal and two assisstant principals to discuss the matter. My principal told me that he needed to meet with both of the women to get all sides of the story, and since this happened yesterday (Friday), we would all meet next week with a human resources contact to discuss what should be done. I had previously had a friendship with Ms. A, which expired at the end of August. I have not had any contact with her in or out of work since we stopped talking in August.

I want to sue Ms. P and Ms. A for defamation. I have read that I can sue them and not bear the burden of proving what they've said was damaging because certain slanderous remarks such as the implication of having a loathesome disease qualify as such. My question is, if I go to court for this, do I have to prove whether or not I have the disease?

As a teacher, can I make the school board's lawyer defend me in court because both of these women are employees of the system? I am a member of a teacher's "union" which can provide legal representation, would I ask them? I called a local slander/defamation lawyer and left a message with the hope that I can meet with him or her on Monday.

My other question is, does it sound like I have a good case against these women? What do people typically ask for when they sue someone for something like this? My principal expressed that at a school level, the women may be suspended without pay, though he is not certain. My school has a history of trying to sweep controversy under the rug. Thank you for your help and advice!

 

[las365]

Do you have genital herpes? If it is true, it is not slander.

 

[bobcatou]

re

The question as to whether or not I have it is my own personal business. I am a heterosexual woman, and I had no sexual relationship with the female teacher who is telling our colleagues that I have herpes.

I want to know if I can be forced to take a screening test if I sue for her statement. Based on my web research, a statement of this nature is automatically considered injurous in a workplace situation, whether or not it is true.

 

[las365]

I could be wrong, but I'm pretty sure that if it's untrue, it could be slander, but if it's true, it's just gossip. I don't think there is a cause of action for discrimination based on having herpes.

As a teacher, can I make the school board's lawyer defend me in court because both of these women are employees of the system?

Defend you from what?

My other question is, does it sound like I have a good case against these women?

I don't think so. Y'all sound like a group of argumentative, gossiping, contentious people who would be fighting over something other than sharing a bathroom if you hadn't spilled the beans about having herpes to your former friend.

 

[bobcatou]

re

Does anyone have an intelligent, law based response to my question? I was under the impression that this is a "legal advice" forum, not a forum for little people to empower themselves by making sanctimonious judgements.

 

[>Charlotte<]

It is a legal advice site, but you posted your question and then when someone asked a pertinent question, you said it was none of our business.

The people who can help you ask questions for a reason. Do you want help, or not?

 

[bobcatou]

As a teacher, can I make the school board's lawyer defend me in court because both of these women are employees of the system?

I meant to say, "represent", not "defend".

 

[>Charlotte<]

GEORGIA CODE
TITLE 51. TORTS
CHAPTER 5. LIBEL AND SLANDER

§ 51-5-4. Slander defined; when special damage required; when damage inferred

(a) Slander or oral defamation consists in:
(1) Imputing to another a crime punishable by law;
(2) Charging a person with having some contagious disorder or with being guilty of some debasing act which may exclude him from society;
(3) Making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or
(4) Uttering any disparaging words productive of special damage which flows naturally therefrom.

§ 51-5-5. Inference of malice; rebuttal thereof; effect of rebuttal

In all actions for printed or spoken defamation, malice is inferred from the character of the charge. However, the existence of malice may be rebutted by proof. In all cases, such proof shall be considered in mitigation of damages. In cases of privileged communications, such proof shall bar a recovery.

§ 51-5-6. Truth as justification

The truth of the charge made may always be proved in justification of an alleged libel or slander.

 

[Quaere]

Bobcatou, whether you would have to prove you don’t have herpes, depends on many circumstances.

When you file suit, you would deny having herpes. If the Defendant wants to use truth as a defense, she is going to have to produce some reasonable basis for her claim (this could be something as simple as saying you told her you have the disease).

If Defendant can offer something along the lines of probable cause to believe you really have herpes, the burden shifts back to you to prove otherwise. In short, if you do have herpes, you should not sue for defamation.

HOWEVER, if you confided to someone that you have herpes and that individual is spreading it around, you may have a cause of action for invasion of privacy-publication of private facts.

As for the value of such a claim, there is no way to know what that might be. Assuming you could prove who leaked the info, the jury would determine damages by considering numerous facts about you, the defendant, evidence of any damages, whether they like your hair better than the defendant’s, the skill of your attys, etc. The judgment could be for $1 or $1,000,000.

I can’t imagine you would get free representation from the school and unless your defendant is wealthy, you are unlikely to get an atty to take the case on a contingency.

 

[quincy]

bobcatou -

Your research on the Internet was correct in that in a defamation action you do not have to prove injury to recover damages if you are falsely accused of having a "loathesome, contagious or infectious" disease. In addition, if a disease carries the stigma of immorality, such as a sexually transmitted disease, it can even be slanderous to say someone formerly had it, if that person has since been cured. Unfortunately, there is no cure as yet for genital herpes, so you either have it or you don't.

If you have genital herpes, and your friend was aware of it, truth would be the defense this friend could legitimately, and would most probably, use. You would not be able to bring a successful defamation suit against the friend in this situation.

If you do not have genital herpes, the likelihood of a successful suit against this friend is greater, although the defense attorney would probably insist on proof.

A defamation action can cost tens of thousands of dollars and it can often take a year or more to work its way through the court. Also, it is important to know that whenever there is a court action, the information in court becomes public record. Court hearings involving school personnel often gets reported in the news.

For slander suits, damages recovered are often less than with libel suits, and there is never a guarantee of a win. Even with a win, collecting on damages awarded may mean more time in court. Often damages awarded do not justify the cost of litigation.

When there is a public disclosure of private facts about an individual, and this disclosure is so severe it would be highly offensive to a reasonable person, you can also sue for invasion of privacy, as Quaere mentioned. Unlike slander, truth is not necessarily a defense to a lawsuit for invasion of privacy.

You also have an option of bringing both a defamation action and an invasion of privacy suit at the same time, although usually courts will not allow a person to collect for both actions in one suit.

I think you were wise to contact an attorney. Your attorney can give you a better idea of whether a defamation or invasion of privacy action is worth pursuing. You may discover that it is not worth your time, money and effort, and that the school's handling of the situation is adequate.