What constitutes defamation in the workplace?
Question Details:
This is the third year that I haven't been permanently hired after covering in a fill-in math position in a school. The last 2 times I had proper credentials but no hire. Last year a person with less credentials was hired. This year, after solid reviews from colleagues, not rehired. I was told that I had classroom management issues and didn't connect well with students. Besides regular issues with students (all teachers have these), nothing substantial has ever been documented regarding this. Feels like a raw deal and school board normally wants to promote credentialed people from within. Does this fit any defamatory laws?
Employment and Labor Law Answers
Defamation is a false factual assertion which damages your reputation and/or makes others not willing to work with or do business with you. It must be made "publically"--i.e. to 3rd parties and, as stated, must be a false statement of fact--something which is true, or which is an opinion (e.g. "John/Jane Doe is a bad teacher"--that's an opinion; "John/Jane Doe had sex with a student"--that's a factual assetion) is not actionable. That is, if it's an opinion about you, there is no defamation.
If there is no *specific* assertion you can point to that meets the tests above, there is no defamation. As a general matter, employers and supervisors are free to favor internal candidates and possess considerable discretion in who to hire.
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