Legal Question in Discrimination Law in New York

employment question

I have a question regarding a situation that has arisen at my teaching job. I am a part-time teacher at a local high school. I am currently up for a full time position for next school year for which I have an interview for next week. A colleague of mine made an appointment with the Director of Human Resources to ''complain'' about the faculty in our department. This teacher doesn't get along with most of the members of the department. In his meeting, he mentioned my name, saying he was ''concerned about the way I am teaching my subject matter.'' I have received all good observations from all 3 of my supervisors and none of them have ever expressed ''concern'' about how I am teaching my courses. My question is this: If I do not get offered this position because of this comment, what legal recourse do I have, if any?


Asked on 5/13/09, 9:24 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: employment question

There is nothing you can do about opinion or fair comment. They are protected by the first amendment and what you describe is not defamatory.

There is a privilege that attaches to communications to an employer about matters of common interest. The statements are privileged from lawsuits unless made with malice, which is knowledge they were false when made.

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Answered on 5/14/09, 9:28 am


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