slander

What is the name of your state? New Mexico

Sorry, Paridice. I'm new at this. I posted my question on another new place, but I'll recap.

I got a formal, original lay off letter from the president of a college that I worked for (kindof). Actually, the college was fiscal agent for the non-profit I worked for. The letter plainly states that I was laid off due to lack of funds. However, my immediate supervisor, a dean, disclosed private personnel info to her subordinates. She said that I had been laid off because I had made the president uncomfortable because I asked him some pointed questions about the non-profit org.'s offer to transfer ownership of a very nice building. The NP was "driving a cadillac on a cavalier budget." This conversation took place outside any private office in a very public area in the college library.

I have been laid off 6 weeks and have yet to receive a call back on any employment inquiries. I don't know if the immediate supervisor has "mentioned" this to anyone else, but I feel that the others may discuss this further. As a matter of fact, that's how I found out.

The supervisor is a member of the non-profit board of directors.
Who's liable? The BOD of the college and the NP? The president? The VP who gave me the letter and conducted the exit interview? Anyone? Both organizations have liability insurance.

I did a bang up job for both. In the process, I had to start taking high blood pressure medicine. I'm still totally stressed out and ticked off.

1. This is not even remotely close to slander.

2. I'm not surprised you haven't received any calls in six weeks, and not because of anything in your post. In the current job market, people are waiting months (and in some cases a year or more) to find new employment. Don't you watch the news?

3. In addition, employers do NOT contact past employers before deciding who to call for an interview. They don't make any reference calls until they have interviewed everyone they plan to interview, and then they make reference calls on their top two or three candidates.

Based on the facts in your post, you don't get to sue anyone.

Not defamatory but potential wronful discharge

The subject really summarizes my opinion as you didn't provide enough info to evaluate it as a wrongful termination case.

This is initially the nature of your employment; conractual or at will. If you were laid off because they didn't like the way you did something or said something that does properly fall within the scope of your responsibilities, it is almost analogous to an harrasment case.

I disagree.

In order to have a case for wrongful discharge, tkina would have to show not only that the reason she was given for the discharge was not the real reason, but ALSO that the actual reason was either a violation of public policy or a violation of Title VII. In the very large majority of states, "retaliation" on the basis of making an internal complaint is NOT protected, so it would not fall under the category of public policy, and she has not given any indication of a Title VII violation.

Furthermore, I see no reason why both the reason she was given and the allegedly "slanderous" reason cannot both be true - they had to lay off someone because of funding and chose the person who had made comments they did not like (which is NOT illegal). However, to make it easier for her to find other employment (either for her own sake or to ease the burden on their unemployment account, or both) they only listed the funding issue on her termination letter. At least, that makes sense to me.

Slander

Appreciate your input, I was the only employee of this non-profit. I was in a very public position--Literacy Coordinator--in a county where over 50% of the adults read below a fifth grade level. I busted my butt. I have letters of rec from people citing my hard work, dedication, etc. from several parts of the state. Regardless, I made a lot of contacts all over the state with politicians, Chamber of Commerce, City Halls, Police Departments, school administrations, schools--principals, teachers, businesses, newspapers, radio stations, etc. I have a lot to lose in this town of 30,000 as well as the state.

It all came about last summer when my supervisor, the one talking, began to encourage me to convince the BOD of the Literacy Alliance to turn over the 6000+ sq. ft. building and our finances to the college. The college covered a lot of expenses, true. But, the Lit. BOD wanted to visit with the president and vice-president. However, no one wanted to ask anything. So, being the don't-take-crap-off-anybody person I am, I asked pointed questions. Made the men rather uncomfortable, probably mad and never did get a straight answer. Then the BOD made the formal offer. All of a sudden...the college didn't want to support the Lit. All.

Please remember that I am in New Mexico and not much farther along than the days of Billy the Kid and Pat Garret. Basically, the frontier. Wanting to bang your head against the wall is a daily urge.

Please understand that I am not some whiny, bleeding heart liberal, I understand that unemployment is an issue, but I am also one of those individuals whom employers seek out because I believe (not so sure anymore) that my job description is getting the job done.

Slander or potential wrongful discharge

I still don't have enough facts to evaluate your situation and I can't give you an opinion anyway because I am not licensed to practice in NM. I agree with the comment on retaliatory remarks; I did not go into any depth in my prior comment.

However, several years ago I was retained here in NY to review the transcript of a trial in Texas for wrongful discharge.

My client was a chemical manufacturing company and smoking was prohibited because of danger of explosion.The plaintiff was an employee who could not seem to obey the rule regarding smoking.

(This was before the ban on smoking at work)

After his third formal, written warning his employment was terminated for that reason, violating a safety rule.

He sued for wrongful discharge claiming the actual reason was because he had a worker's comp case pending that he would not drop.

The co. did not care about the comp case, and did not understand the reason for their liability. At the time I researched Texas law; you comment on NM being the frontier. Well, the only reason I could offer for this guy winning to my client, was either that trial counsel in Texas did not impress the judge,(not a requirement) or that the judge did not know how to dismiss a case.

In reality, my best advice to you is discuss this with a NM attorney if you feel the termination was in retaliation for something.

Thanks for responding. Actually I'm from Texas and let me tell you, though I'm a Bush fan, everything in Texas is political. I know this for a fact. Even down to county and city officials. I much prefer the frontier.

Actually, I do have an appointment with my attorney, but it isn't until next month. Patience is not one of my virtues, nor is mild temperment.

I suffer from Post Traumatic Stress Disorder and more often than not, my fight or flight reflex tells me to fight. I'm just tired of being pushed around by people who think that because they're a "superior", they can mistreat anyone they choose.

The best part of this whole situation is that the BOD of the Lit. All. think I am the best. None of them are very happy either.

Thanks so much for your time.

Texas is political...

Funny you should say that. I don't recall her name but the Judge in the case I summarized was newly elected. My client has plants throughout the country, had previous experience with similar situations in other states.

Trial counsel had not been overly demonstrative nor did he offer many objections: the case truly appeared to be one of "no liability" and one question I had to answer was whether there had been malpractice on the part of our Texas trial counsel;
I found none.

You never know what will happen at trial, but that doesn't mean you can't have a good idea. Too bad a Judge can't be held liable for malpractice. This certainly could have been "politics" but the case was settled after verdict so no appeal exists. The plaintiff's attorney knew his case had a lot of problems. Calm down.

Good luck.

Oh, I've learned to stay calm, at least on the outside.

When I sold my home in Texas, we had to have it surveyed because it hadn't been surveyed since 1939. When we bought it I knew nothing about real estate, but I still can't understand why the bank didn't demand one then. As it turned out we owned 2.6 acres, but the deed said 3.25. Now I know that that seems a small amount. However, we owned the property for 12 years and paid taxes on it. It added up. The tax assessor collector told us to go to the appraisal district. Nothing could be done. It all came down to politics. It's a long story, but my husband and I could hardly turn around without something happening.

Here in NM, things aren't really that different, but I've worked so hard in this NP position that most all the officials know me by name, recognize me on the street, appreciate the work I did for the public, call me to help on committees, etc. I'm hoping this will make a difference. The college and its president have had several "uncomfortable" moments lately. I'm hoping that they'll want to keep this quiet and file on their liability insurance. I'll have to talk to my attorney. The president has had major financial backers back out on funding. We were supposed to build a 27,000 sq. ft. Western Heritage Center. The president got "too big for his britches" and now there will be only a 5,000 sq. ft. center. The college's reputation can't handle any blows no matter how substantial or insubstantial.

This legal stuff is fun. Especially when you don't know much about it but then learn.

Regarding liability insurance...

It is rare that a liability carrier will cover "intentional torts" such as defamation and wrongful discharge unless they have a specific rider or an umbrella policy that covers it. Generally, in New York however, even if an insurer doesn't have a duty to indemnify
they may have a duty to defend. This might mean your defendant will not have to to pay attorney fees while you do.

Litigation is expensive. Again, Good luck.