defamation by former employer/school

[mireli]

What is the name of your state?
Massachussetts (former employer: New Jersey)

I found out recently that a former professor at a university I attended for graduate school has been telling current colleagues and employers that he had to ask me to quit doing work in his lab because of my inability to work with others.

I attended graduate school about 6 years ago. I was paid by the university at the time. Towards the end of the doctorate period, I suffered from a severe medical problem related to thyroid. As a result I became irritable. But, once the condition was detected, I fully apologized to everyone, including the former professor (mentioned above) and made everyone aware of the medical problem.

Since then i moved on to a post doctorate at another university. But I had to move a number of times, each time I was told that a former member of my graduate university had mentioned a problem about me. I was finally given the name and the nature of the comment in writing. This former professor was not even my employer at the time and I only had temporary contact with him. Therefore, it was impossible for him to ask me to leave. Even more disturbing is the fact that his comments about me have affected my career. I have suffered emotionally because of this. I was forced to moved around. Each time I was put under a microscope because of his comments. It has been nearly impossible for me to establish a reputation with this hanging over my head. It is bad enough that I am a woman and a minority in my workplace. In spite of this, I have been productive, but his comments continue until this day (6 years later). This will, in all likelihood, affect my future as well since he is connected to people in my field of study.

I want this to stop. Is there any legal action I can take?
What is the name of your state?
MA

 

[quincy]

I see problems with you trying to bring any defamation action against this professor.

One problem is, this professor formed an opinion about you based on his experience working with you, and you, as you admit, were irritable and difficult to work with at that time. Whether you were difficult because of an untreated medical condition or not, you were still difficult.

Opinion is free speech, and the professor can say whatever he wants about his experience working with you, as long as he sticks to his opinion and does not state false facts. The only "fact" that seems to be questionable is that he had to ask you to leave - and on this he may very well have been consulted, when a decision was made about your employment in the lab.

Another problem is that, after six years, you still feel you are being judged solely on this one professor's opinion of you. This seems unlikely, if your work product has been satisfactory at your places of employment since graduate school. You mention you feel you have been put "under a microscope" solely because of this one professor's comment, and this has made you emotional. It is very possible that your feeling of being under a microscope has affected your work, and the resultant emotions have had more to do with your performance evaluations than anything the professor said about you. Or perhaps it merely illustrates that the professor's opinion is shared by others, and they are finding you difficult to work with, as well.

In other words, it would be very hard to tie your current problems to a six-year-old opinion expressed by a professor you worked under briefly. You could always try contacting this former professor to see if you can get the situation resolved in that way.

But, I do not see any defamation action here (or other legal action) worth pursuing - although you can always contact an attorney with this information and see if he/she sees this situation differently.

 

[mireli]

defamation/professor

Maybe this was not clear, I did not work in his lab, or directly under him, at any point in my career. I used some equipment there which he authorized and friends that worked for him helped me. Since then I did have contact with those friends, so I know those relationships where not damaged by my problem at the time. I was already in the process of finishing up my degree at the time and my condition did not hinder me from obtaining it.

I did not feel that after 6 years this should be an issue. It has become an issue because this person was at a meeting recently and spoke to the professor with whom I'm currently working with. As a result, his attitude has changed towards me.

A lawsuit is not something that I would want to pursue, but I would like to know if there was something less extreme that could be done.

 

[seniorjudge]

I did not feel that after 6 years this should be an issue. It has become an issue because this person was at a meeting recently and spoke to the professor with whom I'm currently working with. As a result, his attitude has changed towards me.

His attitude changed about you over a six-year old incident that he never heard about? And he's been working with you all this time?

Sounds bizarre.

 

[>Charlotte<]

A lawsuit is not something that I would want to pursue, but I would like to know if there was something less extreme that could be done.

Talk to him?

 

[mireli]

The interaction with this current professor does not go back 6 years but close to 2. I have spoken to this person and he is keeping an open mind about the comments. But he also had a longstanding relationship with the former professor who is well known in the field, so his opinion although unfounded does carry weight.

It has to be considered that the community is very small. Everyone knows each other. Would it be possible to have a letter from me or a lawyer to the former professor address the issue and stop it from happening again?

 

[quincy]

You cannot prevent someone from expressing opinions, whether you like the opinions expressed or not. A letter from an attorney would not change that.

Continue to excell at the work you do, and you should not have problems with current or former professors or employers. They will form their own opinions of you based on the work you do.

You really have no legal recourse here - freedom of speech prevents any legal action you can take against the former professor.